Handbook of Procedures (Vol. I)1st September 2004 - 31st March 2009

w.e.f. 1.4.2008

Website: http://dgft.gov.in

Ministry of Commerce and IndustryDepartment of Commerce

Government of India

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TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY(PART-I, SECTION-1)

GOVERNMENT OF INDIAMINISTRY OF COMMERCE AND INDUSTRY

PUBLIC NOTICE No 1(RE-2008) /2004-09NEW DELHI, DATED THE 11th April, 2008

In exercise of powers conferred under Paragraph 2.4 of the Foreign TradePolicy, 2004-09, the Director General of Foreign Trade hereby notifiesHandbook of Procedures (Volume I) incorporating Annual Supplement asupdated on 11th April 2008 as contained in annexure to this Public Notice andthe Appendices to the Handbook of Procedures (Vol.I). This shall come intoforce from 1st April, 2008.

This issues in Public interest.

( R.S. Gujral)Director General of Foreign Trade and

Ex Officio Additional Secretary to the Government of India

(Issued from File No: 01/94/180/Handbook/AM09/ PC-I)

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CONTENTS

CHAPTER SUBJECT Page

1 INTRODUCTION 11

2 GENERAL PROVISIONS REGARDING IMPORTS AND EXPORTS 13

3 PROMOTIONAL MEASURES 45

4 DUTY EXEMPTION / REMISSION SCHEMES 55

5 EXPORT PROMOTION CAPITAL GOODS SCHEME 93

6 EXPORT ORIENTED UNITS (EOUs), ELECTRONICS HARDWARETECHNOLOGY PARKS (EHTPs), SOFTWARE TECHNOLOGY PARKS (STPs)AND BIO-TECHNOLOGY PARKS (BTPs) 103

7 SPECIAL ECONOMIC ZONES 123

8 DEEMED EXPORTS 125

9 MISCELLANEOUS MATTERS 129

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GLOSSARY (ACRONYMS)

ACC Assistant Commissioner of Customs

ACU Asian Clearing Union

AEZ Agri Export Zone

ANF Aayaat Niryaat Form

ARO Advance Release Order

ASIDE Assistance to States for Infrastructure Development of Exports

BG Bank Guarantee

BIFR Board of Industrial and Financial Reconstruction

BoA Board of Approval

BoT Board of Trade

BRC Bank Realisation Certificate

BTP Bio Technology Park

CBEC Central Board of Excise and Customs

CCP Customs Clearance Permit

CEA Central Excise Authority

CEC Chartered Engineer Certificate

CIF Cost, Insurance & Freight

CIS Commonwealth of Independent States

CoD Cash on Delivery

CoO Certificate of Origin

CVD Countervailing Duty

DA Document against Acceptance

DoBT Department of Bio Technology

DC Development Commissioner

DEPB Duty Entitlement Pass Book Scheme

DFIA Duty Free Import Authorisation

DFRC Duty Free Replenishment Certificate

DGCI&S Director General, Commercial Intelligence & Statistics

DGFT Director General of Foreign Trade

DIPP Department of Industrial Policy & Promotion

DoC Department of Commerce

DoE Department of Electronics

DoIT Department of Information Technology

DoR Department of Revenue

DoT Department of Tourism

DTA Domestic Tariff Area

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EDI Electronic Data Interchange

EEFC Exchange Earners’ Foreign Currency

EFC Exim Facilitation Committee

EFT Electronic Fund Transfer

EH Export House

EHTP Electronic Hardware Technology Park

EIC Export Inspection Council

EO Export Obligation

EOP Export Obligation Period

EOU Export Oriented Unit

EPC Export Promotion Council

EPCG Export Promotion Capital Goods

EPO Engineering Process Outsourcing

FDI Foreign Direct Investment

FIEO Federation of Indian Export Organisation

FIRC Foreign Exchange Inward Remittance Certificate

FMS Focus Market Scheme

FOB Free On Board

FPS Focus Product Scheme

FT(D&R)Act Foreign Trade ( Development & Regulation) Act, 1992 (No. 22 of 1992)

FTDO Foreign Trade Development Officer

FTP Foreign Trade Policy

GATS General Agreement on Trade in Services

GRC Grievance Redressal Committee

HACCP Hazard Analysis And Critical Control Process

HBP v1 Hand Book of Procedures (Vol. 1)

HBP v2 Hand Book of Procedures (Vol. 2)

ICD Inland Container Depot

ICM Indian Commercial Mission

IEC Importer Exporter Code

ISO International Standards Organisation

ITC (HS) Indian Trade Classification (Harmonised System) Classification forExport & Import Items, 2004-2009

ITPO India Trade Promotion Organisation

LoC Line of Credit

LoI Letter of Intent

LoP Letter of Permit

LUT Legal Under Taking

MAI Market Access Initiative

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MDA Market Development Assistance

MEA Ministry of External Affairs

MoD Ministry of Defence

MoF Ministry of Finance

NC Norms Committee

NFE Net Foreign Exchange

NOC No Objection Certificate

PRC Policy Relaxation Committee

PTH Premier Trading House

PSU Public Sector Undertaking

R&D Research and Development

RA Regional Authority

RBI Reserve Bank of India

REP Replenishment

RCMC Registration-cum-Membership Certificate

RSCQC Regional Sub-Committee on Quality Complaints

S/B Shipping Bill

SEH Star Export House

SEI CMM Software Engineers Institute’s Capability Maturity Model

SEZ Special Economic Zone

SFIS Served from India Scheme

SIA Secretariat for Industrial Assistance

SION Standard Input Output Norms

SSI Small Scale Industry

STE State Trading Enterprise

STH Star Trading House

STP Software Technology Park

TEE Towns of Export Excellence

TH Trading House

TRQ Tariff Rate Quota

VA Value Addition

VKGUY Vishesh Krishi and Gram Udyog Yojana

WHOGMP World Health Organisation Good Manufacturing Practices

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CHAPTER-1

INTRODUCTION

Notification 1.1 In pursuance of the provisions of paragraph 2.4 FTP, the DirectorGeneral of Foreign Trade (DGFT) hereby notifies the compilationknown as HBP v1, HBP v2 and Schedule of DEPB rates. Thesecompilations, as amended from time to time, shall remain in forceuntil 31st March, 2009 except DEPB scheme which shall continueto be operative till May 2009.

Objective 1.2 Objective is to implement provisions of FT (D&R) Act, Rulesand Orders made thereunder and FTP (2004-09) by laying downsimple, transparent and EDI compatible procedures which areeasy to comply with and administer, for efficacious managementof foreign trade.

Definition 1.3 For purpose of this Handbook, definitions and glossary containedin FT (D&R) Act, Rules and Orders made thereunder and theFTP (2004-09) shall apply.

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CHAPTER-2

GENERAL PROVISIONS REGARDING EXPORTS AND IMPORTS

Policy 2.1 Policy relating to general provisions regarding exports and importsis given in Chapter-2 of FTP.

Countries of Imports / 2.2 Unless otherwise specifically provided, import / export will beExports valid from / to any country.

Above provisions shall, however, be subject to all conditionality,or requirement of Authorisation as required under Schedule I and/ or Schedule II of ITC (HS).

Application Fee 2.3 The scale of fee, mode of payment, procedure for refund of feeand categories of persons exempted from payment of fee arecontained in Appendix-21B.

Territorial Jurisdiction 2.4 Every application, unless otherwise specified, shall be submittedof Regional to RA concerned, as indicated in Appendix-1 of HBP v1.Authorities (RA)

Filing of Application 2.5 An incomplete or unauthorised application is liable to be rejectedgiving specific reason for rejection. In case of manual applications,applicant would furnish a soft copy of the application in MS wordformat.

Profile of Importer/ 2.6 Each importer / exporter shall be required to file importer / exporterExporter profile once with RA in ANF 1. RA shall enter such information

in database so as to dispense with need for asking informationagain. In case of any change in information given in ANF 1,importer/ exporter shall intimate same to RA.

Self Addressed 2.7 Applicant shall furnish a self-addressed envelope of 40 x 15 cmStamped Envelope with required postal stamp affixed, for all documents required to

be sent by Speed Post.

IEC No: Exempted 2.8 Following categories of importers or exporters are exempted fromCategories obtaining IEC number:

(i) Importers covered by clause 3(1) [except sub-clauses (e)and (l)] and exporters covered by clause 3(2) [exceptsub-clauses (i) and (k)] of Foreign Trade (Exemption fromapplication of Rules in certain cases) Order, 1993.

(ii) Ministries / Departments of Central or State Government.

(iii) Persons importing or exporting goods for personal usenot connected with trade or manufacture or agriculture.

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(iv) Persons importing / exporting goods from / to Nepal,Myanmar through Indo-Myanmar border areas and China(through Gunji, Namgaya Shipkila and Nathula ports),provided CIF value of a single consignment does notexceed Indian Rs.25, 000. In case of Nathula port, theapplicable value ceiling will be Rs. 100,000.

However, exemption from obtaining IEC number shall not beapplicable for export of Special Chemicals, Organisms, Materials,Equipments and Technologies (SCOMET) as listed inAppendix- 3, Schedule 2 of ITC (HS) except in case of exportsby category (ii) above.

(v) Following permanent IEC numbers shall be used by non-commercial PSUs and categories of importers / exportersmentioned against them for import / export purposes.

S.No Code Number Categories of Importers / Exporters

1. 0100000011 All Ministries / Departments of CentralGovernment and agencies wholly or partiallyowned by them.

2. 0100000029 All Ministries / Departments of any StateGovernment and agencies wholly or partiallyowned by them.

3. 0100000037 Diplomatic personnel, Counselor officers inIndia and officials of UNO and itsspecialised agencies.

4. 0100000045 Indians returning from / going abroad andclaiming benefit under Baggage Rules.

5. 0100000053 Persons / Institutions / Hospitals importingor exporting goods for personnel use, notconnected with trade or manufacture oragriculture.

6. 0100000061 Persons importing / exporting goods from /to Nepal

7. 0100000070 Persons importing / exporting goods from /to Myanmar through Indo-Myanmar borderareas

8. 0100000088 Ford Foundation

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9. 0100000096 Importers importing goods for display oruse in fairs / exhibitions or similar eventsunder provisions of ATA carnet.

10. 0100000100 Director, National Blood Group ReferenceLaboratory, Bombay or their authorizedoffices.

11. 0100000126 Individuals / Charitable Institution /Registered NGOs importing goods, whichhave been exempted from Customs dutyunder Notification issued by Ministry ofFinance for bonafide use by victims affectedby natural calamity.

12. 0100000134 Persons importing / exporting permissiblegoods as notified from time to time, from /to China through Gunji, Namgaya Shipkilaand Nathula ports, subject to value ceilingsof single consignment as given in para2.8 (iv) above.

13. Deleted

14 0100000151 The Directorate of Purchase and Stores,Department of Atomic Energy, Governmentof India

15 0100000169 Non-commercial imports and exports byentities who have been authorized byReserve Bank of India.

Application for 2.9 An application for grant of IEC number shall be made byGrant of IEC Number Registered / Head Office of applicant, except EOUs and SEZ

units to concerned RA in ANF 2A with documents prescribedtherein.

Only one IEC would be issued / allowed against a single PANnumber.

IEC Format and 2.9.1 RA concerned shall issue an IEC number in prescribed formatStatements (Appendix-18B). A copy of such IEC number shall be endorsed

to concerned banker (as per details given in ANF 2A).

A consolidated statement (in Appendix 18 C) of IEC numbersissued by RA shall be sent to Exchange Control Department ofRBI as given in Appendix-18D.

Validity of IEC No. 2.9.2 An IEC number allotted to an applicant shall be valid for all itsbranches / divisions / units / factories.

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Duplicate Copy of 2.9.3 Where an IEC Number is lost or misplaced, issuing authority mayIEC Number consider requests for grant of a duplicate copy of IEC number,

on an affidavit.

Surrender of IEC 2.9.4 If an IEC holder does not wish to operate allotted IEC number,Number he may surrender same by informing issuing authority. On receipt

of such intimation, issuing authority shall immediately cancel it andelectronically transmit it to DGFT and Customs authorities.

2.9.5 Deleted

Application for Import 2.10 An application for grant of an Authorisation for import or exportand Export of of items mentioned as restricted in ITC (HS) may be made toRestricted Items RA as specified under relevant Chapters of this Handbook.

Imports under Indo-US 2.11 Import of specified capital goods, raw materials and components,Memorandum of from United States of America (USA) is subject to US ExportUnderstanding Control Regulations.

US suppliers of such items are required to obtain an exportauthorisation based on import certificate issued in India. Thefollowing are designated Import Certificate Issuing Authorities(ICIA):

(i) Department of Electronics (DoE), for computer andcomputer based systems;

(ii) Department of Industrial Policy and Promotion (DIPP),Technical Support Wing (TSW), for organised sector unitsregistered under it, except for computers and computerbased systems;

(iii) Ministry of Defence (MoD), for defence related items;

(iv) DGFT for small scale industries and entities not coveredabove as well as on behalf of any of the above;

(v) Embassy of India, Washington, DC, on behalf of any ofthe above.

A request for an import certificate shall be made in ANF 2C.Import certificate in Appendix-31 may be issued by ICIA directlyto importer with a copy to (i) Ministry of External Affairs (MEA)(AMS Section), New Delhi, (ii) DoE, New Delhi; and (iii) DGFT.

However, this import certificate will not be regarded as a substitutefor an import authorisation in respect of items mentioned asrestricted in ITC (HS) and an import authorisation will have to beobtained for such items.

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Validity Of Import 2.12 Validity of import / export Authorisation from date of issue shallLicence / Certificate / be as follows, unless specified otherwise: Authorisation /Permissions /CCPs / Export licence

(i) Advance Authorisation / DFIA 24 months(including Advance Authorisation forannual requirement, andReplenishment Authorisation forGem & Jewellery as perChapter- 4 of FTP).

(ii) EPCG Authorisation (other 36 monthsthan spares)

(iii) EPCG Authorisation for Spares, Co-terminusrefractories, catalyst and with EOP ofconsumables EPCG

Authorisation.

(iv) Others including CCP and DEPB, 24 monthsunless otherwise specified

(v) Advance Authorisation / DFIA for 24 monthsdeemed export (including Advance or Co-terminusAuthorisation for annual requirement) with contracted

duration of projectexecution ,whichever is later.

(vi) Export Licence / Authorisation 12 months(However, EFCmay decide toissue ExportAuthorisation fora longer durationin case of R&Dstudies based onrecommendationof technicalauthority)

2.12.1 Where an Authorisation expires during the month, suchAuthorisation shall be deemed to be valid until last day ofconcerned month.

This proviso would be applicable even for a revalidatedAuthorisation.

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2.12.2 Validity of an import Authorisation is decided with reference todate of shipment / dispatch of goods from supplying country asgiven in Paragraph 9.11 A of HBP v1 and not the date of arrival ofgoods at an Indian port.

2.12.3 Provisions of paragraph 2.12.1 above shall not be applicable toDEPB, Service Providers under SFIS, VKGUYand duty creditscrips issued under FMS and FPS, which are duty creditentitlements and must be valid on date on which actual debit ofduty is made.

2.12.4 Similarly, EOP shall be deemed to be valid until month end.

Revalidation of 2.13 RA concerned may revalidate import Authorisation on merits, forImport / Export Licence / six months from date of expiry of validity. However, Export LicenceCertificate / Authorisation / may only be revalidated by RA concerned on recommendation ofPermissions DGFT for six months at a time and maximum upto 12 months

from date of expiry of validity.

2.13.1 However, revalidation of freely transferable Authorisation and stockand sale Authorisation shall not be permitted unless validity hasexpired while in custody of Customs authority / RA.

2.13.2 Such revalidation (under 2.13 and 2.13.1 above) would bepermitted under specific orders of Head of concerned Office andwould be maximum up to extent of custody period.

2.13.3 An application for revalidation (including for restricted items), maybe made to RA concerned. RA would consider such applicationas per government rules / notifications. Where DGFT is concernedauthority, original application shall be submitted to RA concernedand self-attested copy of same shall be submitted to DGFT.

Duplicate Copies of 2.14 Where an Authorisation is lost or misplaced, an application forExport-Import Licence / issue of a duplicate may be made along with an affidavit, as givenCertificate / Authorisation / in Appendix-24, to issuing RA. RA concerned may, on merits toPermissions / CCPs be recorded, issue a duplicate after issuing an order for

cancellation of original and informing customs authority whereoriginal was registered.

2.15 Duplicate copy of freely transferable Authorisation, may be issuedagainst an application accompanied with following documents:

a. An application with fee equivalent to 10% of duty savedor duty credit (of unutilized balance).

b. A copy of FIR reporting loss.

c. Original affidavit on notorised stamp paper.

d. Indemnity bond on a stamp paper undertaking to indemnify

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revenue loss, which may be caused on account of issue ofsuch duplicate.

2.15.1 When an Authorisation has been lost by a Government agencyand a proof to this effect is submitted, documents at serial nos. (a)to (d) above shall not be required.

In such cases, revalidation shall be for six months from date ofendorsement.

2.15.2 RA concerned shall obtain a report regarding utilization of suchAuthorisation from Custom authority at port of registrationbefore issuing duplicate, for balance unutilized.

2.15.3 Validity of duplicate Authorisation shall be co-terminus with originalperiod. No request shall be entertained if validity has expired.

2.15.4 Deleted

2.15.5 Provision of paragraph 2.15.2 and 2.15.3 shall be applicable bothfor cases covered under paragraph 2.14 and 2.15.

Identity Cards 2.16 To facilitate collection of Authorisation and other documents fromDGFT Head Quarters and RA, identity cards (as in Appendix20B, valid for 3 years) may be issued to proprietor / partners /directors and authorised employees (not more than three), ofimporters and exporters, upon application as in Appendix 20A.

In addition, Identity Card may also be issued by the applicantfirms on their letter head to the concerned employees. TheseIdentity Cards may be countersigned by the concerned RA.However, application for identity card in Appendix 20B will requireto be made by the applicant and all other parameters would needto be met.

However, in case of limited companies, RA may approve allotmentof more than three identity cards per company.

In case of loss of an identity card, a duplicate card may be issuedon the basis of an affidavit.

Common directors / partners, of a group company or in any othersimilar cases, RA may issue multiple identity cards after recordingreasons in writing.

Interviews with 2.17 Officers may grant interview at their discretion to authorisedauthorised Officers representative of importer / exporter. Interviews / clarifications

may also be sought through E-mails.

Export of Items 2.18 Units other than small scale units are permitted to expand or createReserved for SSI Sector new capacities in respect of items reserved for small scale sector,

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subject to condition that they obtain an Industrial licence underthe Industries (Development and Regulation) Act, 1951, withexport obligation as may be specified.

Such licensee is required to furnish a LUT to RA and DGFT inthis regard. DGFT / RA concerned shall monitor export obligation.

Warehousing Facility 2.19 Public / Private Customs Bonded Warehouses may be set up inDTA as per Chapter-IX of Customs Act, 1962, to import itemsin terms of paragraph 2.28 of FTP.

On receipt of goods, such warehouses shall keep these goods forone year without payment of applicable customs duties. Goodscan be cleared against Bill of Entry for home consumption, onpayment of applicable custom duty and on submission ofAuthorisation wherever required, after an order for clearance ofsuch goods for home consumption is issued by competent customsauthorities.

In case of clearance against duty free categories / concessionalduty categories, exemption / concession from duty shall be,allowed.

In case of clearance against DEPB and other duty credit scripscustoms duty on imports may be adjusted.

Goods can be re-exported without payment of customs dutyprovided (i) a shipping bill or a bill of export is presented in respectof such goods; and (ii) order for export of such goods has beenmade by competent customs authorities.

Execution of Bank 2.20 Before clearance of goods through Customs, Authorisation holderGuarantee / Legal shall execute a BG / LUT with customs authorities.Undertaking for AdvanceAuthorisation / DFIA and In such cases, RA shall endorse the following condition on theEPCG Authorisation licence/Authorisation:

“BG / LUT as applicable, to be executed with concerned CustomsAuthorities.”

In case of indigenous sourcing, Authorisation holder shall furnishBG / LUT to RA as per Customs Circular No.58/2004 dated31.10.04.

Corporate Guarantee 2.20.1 A status holder or a PSU may also submit Corporate Guaranteein lieu of Bank Guarantee/LUT in terms of the provisions of relevantCustoms Circular in this regard. In case of a group company, ifone company of a Group is a status holder, Corporate Guaranteemay be given for another company by this company, which is nota status holder.

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Certificate of Origin 2.21 Certificate of Origin (CoO) is an instrument to establish evidence(CoO) on origin of goods imported into any country. There are two

categories of CoO viz. (1) Preferential and (2) Non preferential.

Preferential 2.21.1 Preferential arrangement / schemes under which India is receivingtariff preferences for its exports are Generalised System ofPreferences (GSP), Global System Of Trade Preferences (GSTP),SAARC Preferential Trading Agreement (SAPTA), Asia-PacificTrade Agreement (APTA), India–Sri Lanka Free Trade Agreement(ISLFTA) and Indo- Thailand Free Trade Agreement. Thesearrangements / agreements prescribe Rules of Origin which haveto be met for exports to be eligible for tariff preference.

Authorised agencies shall provide services relating to issue of CoO,including details regarding rules of origin, list of items covered byan agreement, extent of tariff preference, verification andcertification of eligibility. Export Inspection Council (EIC) is agencyauthorised to print blank certificates. Authorised agencies maycharge a fee, as approved by DoC, for services rendered.

Generalised System of (a) GSP is a non-contractual instrument by which industrializedPreferences (GSP) (developed) countries unilaterally and based on non-

reciprocity extend tariff concessions to developingcountries. Following countries extend tariff preferencesunder their GSP Scheme:

(i) United States (ii) New (iii) Belarusof America, Zealand

(iv) European (v) Japan (vi) RussiaUnion

(vii) Canada, (viii)Norway (ix) Australia(only to LDCs)

(x) Switzerland (xi) Bulgaria

GSP schemes of these countries detail sectors / products andtariff lines under which benefits are available, including conditionsand procedures governing benefits. These schemes are renewedand modified from time to time. Normally Customs of GSP offeringcountries require information in Form ‘A’ (prescribed for GSPRules Of Origin) duly filled by exporters of beneficiary countriesand certified by authorised agencies. List of agencies authorisedto issue GSP CoO is given in Appendix-4A.

Global System of (b) Under agreement establishing GSTP, tariff concessions areTrade Preference exchanged among developing countries, who have signed(GSTP) agreement. Presently, 46 countries are members of GSTP

and India has exchanged tariff concessions with 12

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countries on a limited number of products. EIC is soleagency authorised to issue CoO under GSTP.

SAARC Preferential (c) SAPTA was signed by seven SAARC members namelyTrading Agreement India, Pakistan, Nepal, Bhutan, Bangladesh, Sri Lanka(SAPTA) and Maldives in 1993 and came into operation in 1995.

Four rounds of trade negotiations have been completedand more than 3000 tariff lines are under tariff concessionsamong SAARC countries. List of agencies, authorised toissue CoO under SAPTA are notified underAppendix – 4B.

Asia- Pacific Trade (d) APTA is a preferential trading arrangement designed toAgreement liberalise and expand trade in goods progressively in(APTA) Economic and Social Commission for Asia and Pacific

(ESCAP) region through liberalization of tariff and non-tariff barriers. At present, Bangladesh, Sri Lanka, SouthKorea, India and China are exchanging tariff concessionsunder APTA. Agencies authorised to issue CoO underAPTA are listed in Appendix – 4B.

India-Sri Lanka Free (e) Free Trade Agreement (FTA) between India and Sri LankaTrade Agreement was signed on 20.12.1998 and was operationalised in(ISLFTA) March, 2000 following notification of required Customs

tariff concessions by Government of Sri Lanka and India.EIC is sole agency to issue CoO under ISLFTA.

India Afghanistan (f) A Preferential Trade Agreement between Transitional IslamicPreferential Trade State of Afghanistan and Republic of India was signed onAgreement 6.3.2003 and was operationalised with issuance of Customs

Notification No 76/2003 dated 13.5.2003. EIC is soleagency to issue CoO under India Afghanistan PreferentialTrade Agreement.

Indo – Thailand Frame (g) India and Thailand have signed protocol to implement Earlywork Agreement for Harvest Scheme under India- Thailand Free TradeFree Trade Area Agreement on 01.09.2004.Tariff preferences for imports

on items of Early Harvest Scheme would be available onlyto those products, which satisfy Rules of Origin Criteria,notified by Department of Revenue, Ministry of Finance,vide notification No.101/2004-Customs dated 31.08.2004.EIC would be sole agency to issue CoO under EarlyHarvest Scheme of Framework Agreement on India-Thailand Free Trade Agreement.

Non Preferential 2.21.2 Government has also nominated certain agencies to issue NonPreferential CoO in accordance with Article II of InternationalConvention Relating to Simplification of Customs formalities,1923. These CoOs evidence origin of goods and do not bestow

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any right to preferential tariffs. List of notified agencies is providedin Appendix – 4C. In addition, agencies authorized to issuePreferential CoO as per Para 2.21.1 of HBP v1 are also authorizedto issue Non-Preferential CoO.

All exporters who are required to submit CoO (Non Preferential)would have to apply to any of agencies enlisted in Appendix–4Cwith following documents:

(a) Details of quantum / origin of inputs / consumables usedin export product.

(b) Two copies of invoices.

(c) Packing list in duplicate for concerned invoice.

(d) Fee not exceeding Rs.100 per certificate as may beprescribed by concerned agency.

The agency would ensure that goods are of Indian origin as pergeneral principles governing rules of origin before granting CoO(non preferential). Certificate would be issued as per Formatgiven in Annexure-II to Appendix–4C. It should be ensured thatno correction/re-type is made on certificate.

Any agency desirous of enlistment in Appendix–4C may submittheir application as per Annexure I to Appendix 4C to theconcerned RA.

In case of tea, all exporters who are required to submit CoO(Non-Preferential) shall apply to Tea Board or any InspectionAgency authorized by Tea Board and enlisted in Appendix-4C ofHBP v1 with documents listed above.

Automatic Licence / 2.22 Status holders shall be issued Authorisation automatically withinCertificate / stipulated time period. Deficiency, if any, informed through coveringAuthorisation / letter, shall be required to be rectified by status holders within 10Permission days from date of communication of deficiency.

Submission of 2.23 Wherever original documents have been submitted to a differentCertified Copies RA / nominated agencies or to a different division of same RA,of Documents applicant can furnish photocopy of documents duly certified by

him in lieu of original.

Advance Payment 2.24 In case, payment is received in advance and export / deemedexports takes place subsequently, application for an Authorisationshall be filed within specific period following the month duringwhich exports / deemed exports are made, unless otherwisespecified

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Payment through 2.25.1 Payment through ECGC cover would count for benefits underECGC cover FTP.

Payment through 2.25.2 Amount of General Insurance Cover for transit loss would beGeneral Insurance treated as payment realized for exports under various export

promotion schemes.

Irrevocable 2.25.3 In case where applicant applies for duty credit scrip / DEPB /Letter of Credit DFIA / discharge of EO against confirmed irrevocable letter of

credit (or bill of exchange which is unconditionally Avalised / Co-Accepted / Guaranteed by a bank) and this is confirmed andcertified by exporter’s bank in relevant Bank Certificate of Exportand Realization, payment of export proceeds shall be deemed tobe realized. For Status Holders, irrevocable letter of credit wouldsuffice.

Export by post 2.26 In case of export by post, exporter shall submit followingdocuments in lieu of documents prescribed for export by sea / air:

1) Bank Certificate of Export and Realisation as in Appendix-22A.

2) Relevant postal receipt

3) Invoice duly attested by Customs authorities.

Import/ Export 2.26.1 Imports / Exports through a registered courier service is permittedthrough Courier as per Notification issued by DoR. However, importability /Service exportability of such items shall be regulated in accordance with

FTP.

Direct negotiation of 2.26.2 In cases where exporter directly negotiates document (not throughexport documents authorised dealer) with permission of RBI, he is required to submit

following documents for availing of benefits under exportpromotion schemes:

a. Permission from RBI allowing direct negotiation ofdocuments (not required for status holders),

b. Copy of Foreign Inward Remittance Certificate (FIRC)as per Form 10-H of Income Tax department in lieu ofBRC and

c. Statement giving details of shipping bills / invoice againstwhich FIRC was issued.

Import/Export of Samples 2.27 No Authorisation shall be required for Import of bonafide technicaland trade samples of items restricted in ITC(HS) except vegetableseeds, bees and new drugs . Samples of tea not exceeding Rs.2000(CIF) in one consignment shall be allowed without an Authorisationby any person connected with Tea industry.

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Duty free import of samples upto Rs 100,000 for all exporters(Rs.300,000 for gems and jewellery sector) shall be allowed asper terms and conditions of Customs notification.

Exports of bonafide trade and technical samples of freelyexportable item shall be allowed without any limit.

Import under 2.28 Import under lease financing shall be available under EPCGLease Financing Scheme, EOU / SEZ scheme. Domestic supplier of capital goods

to eligible categories of deemed exports shall be eligible for benefitsof deemed exports as in paragraph 8.3 of FTP, even in caseswhere supplies are under lease financing.

Exhibits Required for 2.29 Import / export of exhibits, including construction and decorativeNational and materials required for the temporary stands of foreign / IndianInternational Exhibitions exhibitors at exhibitions, fair or similar show or display for aor Fairs and period of six months on re-export / re-import basis, shall beDemonstration allowed without an Authorisation on submission of a certificate

from an officer of a rank not below that of an Under Secretary/Deputy DGFT in DoC / DGFT or an officer of Indian TradePromotion Organization (ITPO) duly authorised by its Chairmanin this behalf, to effect that such exhibition, fair or similar showor display

(i) has been approved or sponsored by DoC or ITPO;and

(ii) is being held in public interest.

Extension beyond six months for re-export / re-import will beconsidered by Customs authorities on merits. Consumables suchas paints, printed material, pamphlets, literature etc. pertainingto exhibits need not be re-exported / re-imported.

Import Policy 2.30 Policy relating to general provisions regarding import of capitalgoods, raw materials, intermediates, components, consumables,spares, parts, accessories, instruments and other goods is givenin Chapter 2 of FTP.

General Procedure 2.31 Wherever an import Authorisation, including CCP, is required underfor Licensing of FTP, procedure contained in this chapter shall be applicable.Restricted Goods

2.32 Import of Metallic Waste and Scrap

2.32.1 Import of any form of metallic waste, scrap will be subject to thecondition that it will not contain hazardous, toxic waste, radioactivecontaminated waste / scrap containing radioactive material, anytype of arms, ammunition, mines, shells, live or used cartridge orany other explosive material in any form either used or otherwise.

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2.32.2 Import of following types of metallic waste and scrap will be freesubject to conditions detailed below :

Sl.No. Exim code Item description

1 720410 00 waste and scrap of cast iron

2. 72042190 Other

3. 72042920 Of High speed steel

4. 72042990 Other

5. 72043000 Waste and scrap of tinned iron or steel

6. 72044100 Turnings, shavings, chips, milling waste,saw dust, fillings, trimmings andstampings, whether or not in bundles

7. 72044900 Other

8. 72045000 Remelting scrap ingots

9. 74040010 Copper scrap

10. 74040022 Brass scrap

11. 75030010 Nickel scrap

12. 76020010 Aluminium scrap

13. 79020010 Zinc scrap

14. 80020010 Tin scrap

15. 81042010 Magnesium scrap

Shredded form: Import of metallic waste and scrap listed in para2.32.2 above in shredded form shall be permitted through all portsof India. Import from Hodaideh, Yemen and Bandar Abbas, Iranwill be in shredded form only.

Unshredded compressed and loose form: Import of metallic waste,scrap listed in para 2.32.2 above in unshredded compressed andloose form shall be subject to following conditions:-

a. Importer shall furnish the following documents to theCustoms at the time of clearance of goods:

I) Pre-shipment inspection certificate as per the format inAnnexure-I to Appendix 5 from any Inspection &

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Certification agencies given in Appendix-5 to the effectthat:

i) The consignment does not contain any type of arms,ammunition, mines, shells, cartridges, radio activecontaminated or any other explosive material in anyform either used or otherwise.

ii) The imported item (s) is actually a metallic waste/scrap/seconds/defective as per the internationallyaccepted parameters for such a classification.

II) Copy of the contract between the importer and theexporter stipulating that the consignment does not containany type of arms, ammunition, mines, shells, cartridges,radio active contaminated, or any other explosive materialin any form either used or otherwise.

b Import of scrap would take place only through followingdesignated ports and no exceptions would be allowed evenin case of EOUs, SEZs:-

“1. Chennai, 2. Cochin, 3. Ennore, 4. JNPT, 5. Kandla,6. Mormugao, 7. Mumbai, 8. New Mangalore, 9. Paradip,10. Tuticorin, 11. Vishakhapatnam, 12. ICD Loni,Ghaziabad, 13. Pipava, 14. Mundra, 15. Kolkata,16. ICD Ludhiana, 17. ICD Dadri (Greater Noida),18. ICD Nagpur, 19. ICD Jodhpur, 20. ICD Jaipur,21. ICD Udaipur, 22. CFS Mulund, 23. ICD Kanpur,24. ICD Ahmedabad, 25. ICD Pitampur and 26. ICDMalanpur”.

c. Deleted

2.32.2.A In case any agency wishes to be enlisted under Appendix 5, theymay furnish an application to the office of Director General ofForeign Trade with the following documents:-

(a) A brief on the activities of the agency, its history,membership, organizational structure, manpower, etc.

(b) Infrastructural setup, logistics, testing labs etc. for carryingout the inspection of metallic scrap.

(c) List of companies/agencies for which testing has beencarried out.

2.32.3 However, import of other kinds of metallic waste and scrap willbe allowed in terms of conditions of ITC (HS).

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2.32.4 Import policy for seconds and defective, rags, PET bottles / waste,and ships is given in ITC (HS).

Import of Second 2.33 Import of second hand capital goods including refurbished /Hand Capital Goods reconditioned spares, except those of personal computers/laptops,

shall be allowed freely, subject to conditions for followingcategories:

Import of second hand computers including personal computers/laptops and refurbished / reconditioned spares thereof is restricted.

Import of refurbished / reconditioned spares of capital goods,other than those of personal computers/laptops will be allowedon production of a Chartered Engineer certificate that such spareshave atleast 80% residual life of original spare.

2.33.1 Notwithstanding provisions of Para 2.33 above, second handcomputers, laptops and computer peripherals including printer,plotter, scanner, monitor, keyboard and storage units can beimported freely as donations by following category of donees:

(i) Schools run by Central or State Government or a localbody,

(ii) Educational Institution run on non- commercial basis byany organization,

(iii) Registered Charitable Hospital,

(iv) Public Library,

(v) Public funded Research and Development Establishment,

(vi) Community Information Centre run by Central or StateGovernment or local bodies,

(vii) Adult Education Centre run by Central or StateGovernment or a local body,

(viii) Organization of Central or State Government or a UnionTerritory.

Imports under this sub Para would be subject to the conditionthat goods shall not be used for any commercial purpose, is nontransferable and complies with all terms and conditions of relevantCustoms Rules and Regulations.

2.33A Customs or any other Central or State Government authority mayavail of services of Inspection and Certification Agencies inAppendix 5 of the HBP v1, for certifying residual life as well asvaluation / purchase price of capital good.

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Import of 2.34 Import of following types of ammunition are allowed against anAmmunition Authorisation by licensed arms dealers subject to conditions asby Licensed may be specified:Arms Dealers (i) Shotgun Cartridges 28 bore;

(ii) Revolver Cartridges of .450, .455 and .45 bores;

(iii) Pistol Cartridges of .25, .30 Mauser, .450 and .45 bores;

(iv) Rifle Cartridges of 6.5 mm, .22 savage, .22 Hornet, 300Sherwood, 32/40, .256, .275, .280, 7m/m Mauser, 7 m/m Man Schoener, 9m/m Mauser, 9 m/m Man Schoener,8x57, 8x57S, 9.3 m/m, 9.5 m/m, .375 Magnum, .405,.30.06, .270, .30/30 Winch, .318, .33 Winch,.275 Mag.,.350 Mag., 400/350, .369 Purdey, .450/400, .470, .32Win, .458 Win, .380 Rook, .220 Swift and .44 Win. bores.

An import Authorisation shall be issued at 5% of value of annualaverage sales turnover of ammunition (whether indigenous orimported) during preceding three licensing years subject to aminimum of Rs. 2000.

An application for grant of an Authorisation for items listed abovemay be made to RA in ANF 2B along with documents prescribedtherein.

Restricted Items 2.35 Items mentioned as restricted for imports in ITC (HS) requiredRequired By Hotels, by hotels, restaurants, travel agents and tour operators may beRestaurants, Travel allowed against an Authorisation, based on recommendation ofAgents, Tour Director General, Tourism, Government of India.Operators And OtherSpecified Categories 2.35.1 Hotels, including tourist hotels, recognised by Director General

of Tourism, Government of India or a State Government shall beentitled to import Authorisation upto a value of 25% of foreignexchange earned by them from foreign tourists during precedinglicensing year, for import of essential goods related to hotel andtourism industry.

2.35.2 Travel agents, tour operators, restaurants, and tourist transportoperators and other units for tourism, like adventure / wildlife andconvention units, recognized by Director General of Tourism,Government of India, shall be entitled to import authorisation upto a value of 10% of foreign exchange earned by them duringpreceding licensing year, for import of essential goods which arerestricted for imports related to travel and tourism industry,including office and other equipment required for their ownprofessional use.

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2.35.3 Import entitlement under paragraphs 2.35.1 and 2.35.2 of anyone licensing year can be carried forward, either in full or in part,and added to import entitlement of two succeeding licensing yearsand shall not be transferable except within the group company orto managed hotels.

2.35.4 Deleted

2.35.5 Such imported goods may be transferred after 2 years withpermission of DGFT.

No permission for transfer will be required in case the importedgoods are re-exported. However, re-export shall be subject toall conditionality, or requirement of licence, or permission, as maybe required under Schedule II of ITC (HS).

2.35.6 An application for grant of an Authorisation under paragraphs2.35.1 and 2.35.2 may be made in ANF 2B to DGFT throughDirector of Tourism, Government of India who will forwardapplication to RA concerned along with their recommendations.

Import of Other 2.36 ITC (HS) contains list of restricted items. An application for importRestricted Items of such items may be made, in ANF 2B along with documents

prescribed therein. Original application along with Treasury Receipt(TR) / Demand Draft shall be submitted to RA concerned andself-attested copy of same shall be submitted to DGFT in duplicatealong with proof of submission of application to concerned RA.

EXIM Facilitation 2.37 Restricted item Authorisation may be granted by DGFT or anyCommittee other RA authorised by him in this behalf. DGFT / RA may take

assistance and advice of a Facilitation Committee. The Assistanceof technical authorities may also be taken by seeking theircomments in writing.Facilitation Committee will consist ofrepresentatives of Technical Authorities and Departments /Ministries concerned.

Gifts of Consumer 2.38 In terms of provisions contained in paragraph 2.19 of FTP, anor Other Goods application for grant of CCP for import as gifts of items appearing

as restricted for imports in ITC (HS) shall be made to the DGFTas in ANF 2B along with documents prescribed therein.

Where recipient of a gift is a charitable, religious or an educationalinstitution registered under any law in force, and gift sought to beimported has been exempted from payment of customs duty, suchimport shall be allowed by customs authorities without a CCP.

Import under Govt. 2.39 Import of goods under Government to Government agreementsto Govt. Agreements may be allowed without an Authorisation or CCP on production

of necessary evidence to satisfaction of Customs authorities

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Import of Cheque 2.40 Indian branches of foreign banks, insurance companies and travelBooks / Ticket agencies may import chequebooks, bank draft forms and travellersForms etc. cheque forms without a CCP. Similarly, airlines / shipping

companies operating in India, including persons authorised by suchairlines / shipping companies, may import passenger ticket formswithout a CCP.

Import of 2.41 Import Authorisation for reconditioned / second hand aircraftReconditioned/ spares is not needed on recommendation of Director General ofSecond Hand Civil Aviation, Government of India (DGCA).Aircraft Spares

Import of 2.42 Goods or parts thereof, on being imported and found defectiveReplacement Goods or otherwise unfit for use or which have been damaged after

import, may be exported without an Authorisation, and goods inreplacement thereof may be supplied free of charge by foreignsuppliers or imported against a marine insurance or marine-cum-erection insurance claim settled by an insurance company. Suchgoods shall be allowed clearance by the customs authoritieswithout an import Authorisation provided that:

(a) Shipment of replacement goods is made within 24 monthsfrom date of clearance of previously imported goodsthrough Customs or within guarantee period in case ofmachines or parts thereof where such period is more than24 months; and

(b) No remittance shall be allowed except for payment ofinsurance and freight charges where replacement of goodsby foreign suppliers is subject to payment of insuranceand / or freight by importer and documentary evidence tothis effect is produced while making remittance.

2.42.1 In case of short-shipment, short-landing or loss in transit, importof replacement goods will be permitted based on certificate issuedby customs authorities without an import Authorisation.

This procedure shall also apply to cases in which short-shipmentof goods is certified by foreign supplier, who has agreed to replacefree of cost.

2.42.2 Cases not covered by above provisions will be considered onmerits by DGFT for grant of Authorisation for replacement ofgoods for which an application may be made in ANF.

Transfer of 2.43 Freely importable goods can be transferred by sale or otherwiseImported Goods by importer freely. Transfer of imported goods, which are subject

to Actual User condition and have become surplus to needs ofActual User, shall be made only with prior permission of RA

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concerned. Following information alongwith supporting documentsshall be furnished with request for grant of permission for transfer,to RA concerned:

(i) Reasons for transfer of imported material;

(ii) Name, address, IEC number and industrial Authorisationregistration, if any, of transferee;

(iii) Description, quantity and value of goods imported andthose sought to be transferred;

(iv) Copies of import Authorisation and bills of entry relatingto imports made;

(v) Terms and conditions of transfer as agreed upon betweenbuyer and seller.

2.43.1 Prior permission of RA shall not, however, be necessary for transferor disposal of goods, which were imported with Actual Usercondition, provided such goods are freely importable withoutActual User condition on date of transfer.

2.43.2 Prior permission of RA shall also not be required for transfer ordisposal of imported goods after a period of two years from thedate of import. However, transfer of imported firearms by theimporter / Authorisation holder shall be permitted only after 10years of import with approval of DGFT.

“Renowned Shooters” for 3 consecutive years are allowed to selltheir imported weapons after three years from date of import ofthe respective weapon. Other “Renowned Shooters” are allowedto sell their weapons after 5 years from the date of import. Thesale shall be subject to approval from DGFT.

Sale of Exhibits 2.44 (i) Sale of exhibits of restricted items, mentioned in ITC (HS),imported for an international exhibition / fair organized /approved / sponsored by ITPO may also be made, withoutan Authorisation within bond period allowed for re-export,on payment of applicable customs duties, subject to aceiling limit of Rs.5 lakhs (CIF) for such exhibits for eachexhibitor.

However, sale of exhibits of items, which were freelyimported shall be made, without an Authorisation, withinbond period allowed for re-export on payment ofapplicable customs duties.

(ii) If goods brought for exhibition are not re-exported or soldwithin bond period due to circumstances beyond control

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of importer, customs authorities may allow extension ofbond period on merits.

Import of Overseas 2.45 On winding up of overseas offices, set up with approval of RBI,Office Equipment used office equipment and other items may be imported without

Authorisation.

2.46 Deleted

Prototypes 2.47 Import of new / second hand prototypes / second hand samplesmay be allowed on payment of duty without an Authorisation toan Actual User (industrial) engaged in production of or havingindustrial licence / letter of intent for research in item for whichprototype is sought for product development or research, as thecase may be, upon a self-declaration to that effect, to satisfactionof customs authorities.

Restricted items 2.48 All restricted items and items permitted to be imported by STEs,for R&D except live animals, required for R&D purpose may be imported

without an Authorisation by Government recognized Research andDevelopment units.

Export Policy 2.49 Policy relating to Exports is given in Chapter-2 of FTP. Further,Schedule 2, Appendix-1 of ITC (HS) specifies list of items, whichmay be exported without an Authorisation but subject to termsand conditions specified.

Application for 2.50 An application for grant of Export Authorisation in respect of itemsGrant of Export mentioned in Schedule 2 of ITC (HS) may be made in ANF 2DLicence / Certificate / (2E for SCOMET items) to DGFT along with documentsPermission prescribed therein. EFC shall consider applications on merits for

issue of export Authorisation.

An Inter-Ministerial Working Group in DGFT shall considerapplications for export of Special Chemicals, Organisms,Materials, Equipment and Technologies (SCOMET) as specifiedin Appendix-3 to Schedule 2 of ITC (HS) based on guidelinesgiven below.

Applications for licences to export items or technology onSCOMET List are considered case-by-case, based inter alia onthe following general criteria: -

I. Following factors, among others, are taken into accountin the evaluation of applications for export of items onSCOMET List:

a. Credentials of end-user, credibility of declarationsof end-use of the item or technology, integrity ofchain of transmission of item from supplier to end-

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user, and on potential of item or technology, includingtiming of its export, to contribute to end-uses thatare not in conformity with India’s national securityor foreign policy goals and objectives, objectivesof global non-proliferation, or its obligations undertreaties to which it is a State party.

b. Assessed risk that exported items will fall into handsof terrorists, terrorist groups, and non-State actors;

c. Export control measures instituted by recipient State;

d. The capabilities and objectives of programmes ofrecipient State relating to weapons and their delivery;

e. Assessment of end-uses of item(s);

f. Applicability to an export licence application ofrelevant bilateral or multilateral agreements to whichIndia is a party.

II. A condition for consideration of an application for anexport licence is submission of stipulated certifications toeffect, inter alia, that:

a. The item will be used only for stated purpose andthat such use will not be changed, nor items modifiedor replicated without consent of Government ofIndia;

b. Neither the items nor replicas nor derivatives thereofwill be re-transferred without consent ofGovernment of India;

c. End-user shall facilitate such verifications as arerequired by Government of India.Government ofIndia may also require additional formal assurances,as appropriate, including on end-use and non-retransfer, from State of recipient.

III. Licensing authority for items in Category 0 in Appendix 3to Schedule 2 of ITC(HS) is Department of Atomic Energy.Applicable guidelines are notified by that Department underAtomic Energy Act, 1962. For certain items in Category0, formal assurances from recipient State will include non-use in any nuclear explosive device. Licences for exportof certain items in Category 0 will not be granted unlesstransfer is additionally under adequate physical protectionand is covered by appropriate International Atomic EnergyAgency (IAEA) safeguards, or any other mutually agreedcontrols on transferred items.

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IV. Additional end-use conditions may be stipulated in licencesfor export of items or technology that bear possibility ofdiversion to or use in development or manufacture of, oruse as, systems capable of delivery of weapons of massdestruction.

V. Applications for transfer of “Technology” for any item onthe List will be considered as an application for export ofitem itself.

VI. Licences for export of items in this List (other than thoseunder Category 0, 1 and 2) solely for purposes of displayor exhibition shall not require any end-use or end-usercertifications. No export licence for display or exhibitionshall be issued for ‘Technology’ in any category or foritems under Categories 0, 1, and 2.

VII. Export of items not on SCOMET List may also beregulated under provisions of the Weapons of MassDestruction and their Delivery Systems (Prohibition ofUnlawful Activities) Act, 2005.

Note 1: Export or attempt to export in violation of any ofconditions of licence shall invite civil and/or criminalprosecution.

Note 2: Licences for export of items in this List for displayor exhibition abroad are subject to a condition of re-importwithin a period not exceeding six months. Exporters areentitled to apply for an export licence for such itemsexhibited abroad if exhibitor intends to offer that item forsale during exhibition abroad. Such sale shall not take placewithout a valid licence.

Note 3: Export of items in Category 2 of this list may alsobe controlled by other applicable guidelines issued fromtime-to-time. Exporters of items in this category are advisedto seek guidance from DGFT.

Note 4: Exporters are entitled to apply for a ‘destinationlicence’ for countries and / or groupings of countries forexport to which only re-transfer conditions need beimposed.

Note 5: Exporters are entitled to request that only suchconditions need be imposed as are subject of government-to-government instruments of accord over export of itemson SCOMET List.

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Note 6: ‘Technology’ (see also entry ‘Technology’ inglossary in Appendix-3 to Schedule 2 of ITC (HS)):Approval of export of an item on the SCOMET List alsoauthorizes the export to same end-user of minimum‘technology’ required for installation, operation,maintenance and repair of the item.

DGFT in association with Administrative Ministries /Departments and Trade Associations will organize IndustryOutreach Programme on regular basis for an effectiveawareness among the exporters /importers dealing withtrade, in particular, in SCOMET items.

DGFT may also issue, on application, Free Sale andCommerce Certificate for export of items not covered underDrugs & Cosmetics Act, 1940, which have usage inhospitals, nursing homes and clinics, for medical and surgicalpurposes and are not prohibited for export. Validity of suchcertificate shall be two years from date of issue unlessotherwise specified.

Export Of Items 2.51 An application for export of items mentioned in ITC (HS) underunder State Trading STR regime may be made to DGFT.Regime (STR)

Exports Of 2.52 An application for export of samples or exhibits, which areSamples / Exhibits restricted for export, may be made to DGFT.

Free of Cost 2.52.1 Status holders shall be entitled to export freely exportable itemsExports on free of cost basis for export promotion subject to an annual

limit of Rs.10 lakh or 2% of average annual export realisationduring preceding three licensing years whichever is higher.

Gifts / Spares / 2.53 For export of gifts, indigenous / imported warranty spares andReplacement Goods replacement goods in excess of ceiling / period prescribed in

paragraphs 2.32, 2.33 and 2.37 respectively of FTP, an applicationmay be made to DGFT.

Furnishing of 2.54 All exports made in non physical form by using communicationReturns in respect links including high speed data communication links, internet,of Exports in telephone line or any other channel which do not involve Customsnon Physical form authorities has to be compulsorily reported on quarterly basis to

concerned EPC (Para 3.6 of FTP) as given in Appendix 19C.

These provisions shall be applicable to all exporting units locatedanywhere in country including those located in STP, SEZ, EHTPand under 100% EOU scheme.

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Duty Free Import 2.55 Duty free import of goods (as specified in list 28 of Customsof R&D Equipment notification No.21/2002 dated 1.3.2002, as amended from timefor Pharmaceuticals to time) upto 25% of FOB value of exports during precedingand Bio-technology licensing year, shall be allowed.Sector

The eligible unit may furnish an application given in Appendix-15A to RA concerned duly countersigned by CharteredAccountant.

In respect of duty free import of R&D equipment, units notregistered with Central excise shall be allowed to give InstallationCertificate issued by an independent Chartered Engineer.

2.55.1 Duty free imports of goods as specified in list 28A of Customsnotification No. 21/2002 dated 1.3.2002, upto 1% of FOB valueof exports made during preceding licensing year, shall be allowedto agro chemicals sector unit having export turnover of Rs. 20crore or above during preceding licensing year.

The eligible unit shall apply in form given in Appendix-15B to RAconcerned duly countersigned by Chartered Accountant.

In respect of duty free import of R&D equipment, units notregistered with Central excise shall be allowed to give InstallationCertificate issued by an independent Chartered Engineer.

Conversion of 2.56 If Customs Authorities, after recording reasons in writing, permitE.P. copy of shipping conversion of an E.P. copy of any scheme-shipping bill on whichbill from one benefit of that scheme has not been availed, exporter would beScheme To Another entitled to benefit under scheme in which shipment is subsequently

converted.

Relocation of Industries 2.57 Deleted.

Offsetting of Export 2.58 Subject to specific approval of RBI, any payables, or equityProceeds investment made by an Autorisation holder under any export

promotion scheme, can be used to offset receipts of his exportproceeds. In such cases, offsetting would be equal to realisationof export proceeds and exporter would have to submit followingadditional documents:

a) Appendix-22D in lieu of Bank Realisation Certificate.

b) Specific permission of RBI.

Quality Certification 2.59 It has been a constant endeavor to promote quality standards inexport product / units manufacturing export product.

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2.59.1 One of salient features incorporated in FTP as per paragraph 3.5.2Note.1 for promotion of quality standards is grant of Export /Trading House status on achievement of a lower threshold limitfor units having ISO-9000 (series), ISO-14000 (Series) orHACCP certification or WHOGMP or SEI CMM level-2 &above status / certification.

2.59.2 List of such agencies authorised to grant quality certification isgiven in Appendix-6.

For ISO 9000 (Series) and for ISO 14000 (Series), the Agenciesaccredited with National Accreditation Board for CertificationBodies (NABCB) under Quality Council of India shall be deemedto be authorized under this Policy. List of such accredited agenciesis available on the web site www.qcin.org and also provided underAppendix 6.

Any agency desirous of enlistment in Appendix 6 may submittheir application as per Annexure I to Appendix 6 to concernedRA.

2.59.3 Deleted.

2.60 Deleted.

Procedure for import 2.61 Attention is invited to Government of India, Ministry of FinanceUnder the Tariff Rate (Department of Revenue), Notification No. 21/2002-CustomsQuota Scheme dated 01.03 2002. As per it, import of four items viz., (1) Skimmed

and whole milk powder, milk food for babies etc. (0402.10 or0402.21) (2) Maize (corn): other (1005.90) (3) Crude sunflowerseed or safflower oil or fractions thereof (1512.11) and (4) Refinedrape, colza or mustard oil, other (1514.19 or 1514.99) is allowedin a financial year, up to quantities as well as such concessionalrates of customs duty as indicated below:

S.No. ITC Code No. & Item Quantity Conces-of Quota sional

duty1. Tariff Code No. 0402.10 10,000 MTs 15%

or 0402.21 Skimmed andwhole Milk Powder. MilkFood for babies etc.

2. Tariff Code No. 1005.90 5,00,000 MTs 15%Maize (Corn): other

3. Tariff Code No. 1512.11 150,000 MTs 50%Crude Sunflower seed orsafflower oil or fractionsthereof

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4. Tariff Code No. 1514.19 150,000 MTs 45%& 1514.99 Rape, Colza,Canola or Mustard Oil,Other (Refined)

Eligible entities for 2.61.1 (a) Milk Powder (Tariff Code No. 0402.10 or 0402.21):allocation of quota National Dairy Development Board (NDDB), State

Trading Corporation (STC), National Cooperative DairyFederation (NCDF), National Agricultural CooperativeMarketing Federation of India Ltd. (NAFED), Mineralsand Metals Trading Corporation (MMTC), Projects &Equipment Corporation of India Limited (PEC) and SpicesTrading Corporation Limited (STCL)

(b) Maize (corn)(Tariff Code No. 1005.90): NationalAgricultural Cooperative Marketing Federation of IndiaLtd.(NAFED), State Trading Corporation (STC), Mineralsand Metals Trading Corporation (MMTC), Projects &Equipment Corporation of India Limited(PEC), SpicesTrading Corporation Limited (STCL) and StateCooperative Marketing Federations

(c) Crude sunflower seed or safflower oil or fractions thereof(Tariff Code No. 1512.11) and Refined rape, colza, canolaor mustard oil, other (Tariff Code No. 1514.19 or1514.99): National Dairy Development Board (NDDB),State Trading Corporation (STC), National AgriculturalCooperative Marketing Federation of India Ltd.(NAFED)Spices Trading Corporation Limited (STCL) and CentralWarehousing Corporation (CWC) State CooperativeMarketing Federation & State Cooperative Civil SuppliesCorporation

(d) Deleted

All eligible entities are eligible to avail quotas as per request ofapplicants received.

All eligible entities desiring availment of quota as mentioned above,may make application to EFC in ANF to DGFT, Udyog Bhavan,New Delhi – 110 011. Completed application forms along withprescribed documents must reach on or before 1st March of eachfinancial year preceding to the year of quota e.g. Applicationsfor TRQ for 2007-2008 must reach DGFT by 01.03. 2007.

Imports have to be completed before 31st March of financial yeari.e. consignments must be cleared by customs authorities beforethis date.

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Since import of maize (corn) is through STEs, the allottes of quotai.e. designated agencies in para 1 (b) above for this item shall alsobe granted an import Authorisation for allotted quantities asindicated at Sl. No. 21(b) of Customs Notification No. 21/2002dated 1.3.2002 in terms of para 2.11 of FTP, 2004-2009, if theydo not wish to make imports through FCI.

Application fee for these applications shall be paid according toprocedure contained in Appendix 21 B to HBP-v1.

EFC in DGFT will evaluate and allot quota among applicants by31st March of each financial year preceding to year of quota e.g.for 2007-08, EFC will allot quota by 31st March 2007.

Issuance of scrips 2.62 In case where EP copy of Shipping Bill / original BRC has beenagainst lost EP copy lost, claim under VKGUY/ FMS/ FPS can be considered subjectof the Shipping Bills to submission of following documents: -and / or original BankRealisation Certificate a) A duplicate /certified copy of concerned document issued

by Customs Authority / Bank in lieu of original;

b) An application fee equivalent to 2% of relevant entitlement.However, no fee shall be charged when such document islost by Government agencies and a documentary proof tothis effect is submitted;

c) An affidavit by exporter about loss of document and anundertaking to surrender it immediately to concerned RA, iffound subsequently.

d) An indemnity bond by exporter to effect that he wouldindemnify Government for financial loss if any on account ofduty credit issued against lost Shipping Bills / BRC.

Customs Authority, before allowing clearance, shall ensurethat benefit / duty credit against such shipping bill has notbeen availed.

2.62.1 Claim against lost Shipping Bill / BRC shall be preferred within aperiod of six months from date of release of duplicate copy ofShipping Bill / on date of realization of export proceeds. Anyapplication received thereafter shall be rejected.

2.63 Deleted

Export Promotion 2.64 A list and product category of EPCs, including CB is given inCouncil (EPC), Appendix-2. Commodity Boards function as EPCs for productsincludes Commodity allotted to them. EPC is authority issuing RCMC. Boards (CB)

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Non-Profit, Autonomous 2.65 EPCs are non-profit organizations registered under Companiesand Professional Bodies Act or Societies Registration Act.

2.65.1 EPCs shall be autonomous and shall regulate their own affairs.However, if Central Government frames uniform bylaws forconstitution and / or for transaction of business for EPCs, theyshall adopt the same with such modifications as CentralGovernment may approve having regard to special nature orfunctioning of such EPC.

Concerned Administrative Ministry would interact with ManagingCommittee of EPC concerned at least twice a year.

2.65.2 Deleted

2.66 Deleted

Registering Authorities 2.67 A status holder has option to obtain RCMC from Federation ofissuing RCMC Indian Exporters Organization (FIEO).

Exporters of minor forest produce and their value added productsshall obtain RCMC from SHEFEXIL, EPC. Software exportersshall register themselves with Electronic and Software EPC.Exporters of 14 specific services as listed in Sl No. 34 of Appendix-2 of HBP v1, are required to register themselves with ServicesEPC. Other service exporters shall register themselves with FIEO.

In respect of exporters having their head office / registered officein State of Orissa, RCMC may be obtained from FIEO office inBhubaneshwar irrespective of product being exported by them.However, exporters of minor forest produce from the State canalso obtain RCMC from SHEFEXIL, EPC.

In respect of multi product exporters having their head office/registered office in the North Eastern States, RCMC may beobtained from Shellac & Forest Products Export PromotionCouncil (except for the products looked after by APEDA, SpicesBoard and Tea Board).

2.67.1 In addition, an exporter has option to obtain RCMC from FIEOor any other relevant EPC if products exported by him relate tothose EPCs.

2.67.2 If export product is such that it is not covered by any EPC, RCMCin respect thereof may be issued by FIEO.

Registration cum- 2.68 An exporter may, on application given in Appendix-19A, registerMembership Certificate and become a member of EPC. On being admitted to membership,(RCMC) applicant shall be granted forthwith Registration-cum-Membership

Certificate (RCMC) of EPC concerned, in format given in

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Appendix-19B. In case an exporter desires to get registration asa manufacturer exporter, he shall furnish evidence to that effect.

Prospective / potential exporters may also, on application, registerand become an associate member of an EPC .

Validity Period of RCMC 2.68.1 RCMC shall be deemed to be valid from 1st April of licensingyear in which it was issued and shall be valid for five years ending31st March of licensing year, unless otherwise specified.

Intimation Regarding 2.69 In case of change in ownership, constitution, name or address ofChange In Constitution an exporter, it shall be obligatory on part of RCMC holder to

intimate such change to registering authority within a period ofone month from date of such change. Registering authority,however, may condone delays on merits.

Furnishing of Returns 2.70 Exporter shall furnish quarterly returns / details of his exports ofdifferent commodities to concerned registering authority. However,status holders shall also send quarterly returns to FIEO in formatspecified by FIEO.

De-Registration 2.71 Registering authority may de-register an RCMC holder for aspecified period for violation of conditions of registration. Beforesuch de-registration, RCMC holder shall be given a show causenotice by registering authority, and an adequate and reasonableopportunity to make a representation against the proposed de-registration. Upon de–registration, concerned EPC shall intimatethe same to all RAs.

Appeal Against 2.72 A person aggrieved by a decision of registering authority in respectDe-registration of any matter connected with issue of RCMC may prefer an

appeal to DGFT or an officer designated in this behalf within 45days against said decision and decision of appellate authorityshall be final.

Directives of DGFT 2.73 DGFT may direct any registering authority to register or de-registeran exporter or otherwise issue such other directions to themconsistent with and in order to implement provisions of FT (D&R)Act, Rules and Orders made there under, FTP or this Handbook.

2.74 Electronic Data Interchange

2.74.1 Role and functions of EDI are defined in Para 2.45 of FTP. Basicpurpose of EDI Initiatives is to improve services for DGFT usercommunity, thereby achieving greater transparency of operationsand reducing transaction costs by decreasing processing time forobtaining Authorisation from DGFT. These EDI initiatives havemade our exports competitive in international markets.

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Eligibility 2.74.2 Facility of electronic filing of applications shall be available to allexporters.

Procedure 2.74.3 An exporter would be able to file his application on DGFT websiteat http://dgft.gov.in/. Application will then be processed inaccordance with prevalent rules and regulations.

Applicant will have to visit concerned office to hand-over hardcopy of application, along with requisite documents includingapplication fee. Authorisation shall be issued on receipt of hardcopies of documents as mentioned above, after due scrutiny asprescribed in HBP v1.

Fiscal Incentives for 2.74.4 Following deductions in Application Fee would be admissible forEDI applications signed digitally and / or where application fee is paid

electronically through EFT (electronic fund transfer)

Sr. No. Mode of Application Fee Deduction (as a% of normalapplication fee)

1 Digitally signed 25%

2 Application fee payment 25%vide EFT

3 Both digitally signed as well 50%as use of EFT for payment ofapplication fee

Benefits 2.74.5 Facility will reduce unnecessary physical interface with DGFT. Itwill enable faster processing, speedier communication ofdeficiencies, if any, and on-line availability of application processingstatus.

2.74.6 Authorisation issued using DGFT Electronic Application Systemshall be transmitted electronically to Customs through EDI Mode.This shall also obviate need for verification of Authorisations beforeallowing clearance.

New EDI Initiatives 2.74.7 To further improve quality of services some new EDI Initiativesare being taken by DGFT.

With effect from 1.7.2008, the electronic message exchangebetween Customs and DGFT in respect of Advance Authorisationand EPCG Scheme would become operational.

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CHAPTER-3

PROMOTIONAL MEASURES

Status Certificates 3.1 Policy for status holder is given in Chapter 3 of FTP.

Application for 3.2 Application for grant of status shall be filed by 31st March, inGrant of Status ANF 3A. An existing status holder shall be automatically treatedCertificate to be an equivalent status holder as given in Para 3.2 of FTP

(RE2007).

3.2.1 Application shall be filed with jurisdictional RA / DevelopmentCommissioner (DC). However, in cases where exportperformance of EOUs / SEZs is clubbed together with companyor firm / Group Company in DTA, the same will be considered byjurisdictional RA only.

3.2.2 All newly issued Status certificates shall be valid from 1st April ofthe year during which application for recognition was filed. Forrenewals, application filed before expiry of current validity,renewals shall have a validity commencing from 1st April of nextlicensing year; otherwise validity period shall be 1st April of yearduring which application was filed.

All Status Certificates shall be valid for a period of 5 years reckonedfrom the 1st April of the relevant year. All Status Certificates validbeyond 31.3.2009 shall continue to remain in force, in caseprovisions of Foreign Trade Policy (2009-14) continue to recognizethe status.

Pending the finalization of the applications for grant of recognition,existing status holders who have applied for recognition beforethe expiry of their status, shall have a grace period of 6 months.During this grace period of 6 months such status holders shallcontinue to be recognized as Status holders even after the expiryof earlier Status Certificate i.e. till September, end, unless theiraplications are finally rejected or recognition granted once againas the case may be.

3.2.3 to Deleted

3.2.5

Maintenance of 3.3 Status holder shall maintain true and proper accounts of its exportsAccounts and imports based on which such recognition has been granted.

Record shall also be maintained during validity period and for aminimum period of three years thereafter. These accounts shall be

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made available for inspection to RA concerned or any authoritynominated by DGFT.

Refusal / Suspension / 3.4 Status certificate may be refused or suspended or cancelled byCancellation of Certificate RA concerned, if status holder or any agent or employee or

authorized representative acting on his behalf:

(a) Fails to discharge export obligation imposed;

(b) Tampers with Authorisations;

(c) Misrepresents or has been a party to any corrupt orfraudulent practice in obtaining any Authorisation;

(d) Commits a breach of FT (D& R) Act, or Rules, Ordersmade there under and FTP; or

(e) Fails to furnish information required by this Directorate.

3.4.1 A reasonable opportunity shall be given to status holder beforetaking any action under above paragraph.

Appeal 3.5 An applicant, who is not satisfied with decision taken to suspendor cancel status certificate, may file an appeal to DGFT within 45days. Decision of DGFT shall be final thereon.

3.6 to Deleted3.12

3.12.1 Deleted

3.12.1.1 Deleted

3.12.2 to Deleted3.12.4

3.13 to Deleted3.17

3.17.1 to Deleted3.17.7

3.18 SERVED FROM INDIA SCHEME (SFIS)

(a) Policy for SFIS is given in Chapter 3 of FTP.

(b) A single consolidated application for Duty Credit scripshall be filed with jurisdictional RA in ANF 3B along withdocuments prescribed therein.

(c) to (f) Deleted

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(g) Service provider shall within one month of completion ofimports made or expiry of validity of Duty Credit scripwhichever is earlier, submit a statement of imports madeunder it to jurisdictional RA with a copy to jurisdictionalExcise authorities (service tax cell) wherever applicable.

(h) & (i) Deleted

Ineligible Remittances 3.18.1 Foreign exchange remittances other than those that are earnedand Services for rendering of services would not be counted for entitlement.Thus,

other sources of foreign exchange earnings such as equity or debtparticipation, donations, receipts of repayment of loans etc. andany other inflow of foreign exchange, unrelated to rendering ofservice, would be ineligible.For calculation of entitlement, followingshall not be taken into account.

(a) Foreign Exchange remittances:

I. related to Financial Services Sector

1. Raising of all types of foreign currency Loans;

2. Export proceeds realization of clients;

3. Issuance of Foreign Equity through ADRs /GDRs or other similar instruments;

4. Issuance of foreign currency Bonds;

5. Sale of securities and other financial instruments;

6. Other receivables not connected with servicesrendered by financial institutions; and

II. earned through contract/regular employment abroad(e.g. labour remittances);

(b) Payments for services received from EEFC Account;

(c) Foreign exchange turnover by Healthcare Institutions likeequity participation, donations etc. (However, remittancesreceived on account of medical treatment, surgery, testing,consultancy and health care provided by the institution shallbe eligible.);

(d) Foreign exchange turnover by Educational Institutions likeequity participation, donations etc. (However remittancesreceived on account of the course fees and consultancyprovided by the institution shall be eligible.);

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(e) Export turnover relating to services of units operating underSEZ / EOU / EHTP / STPI / BTP Schemes or suppliesof services made to such units;

(f) Clubbing of turnover of services rendered by SEZ / EOU/ EHTP / STPI / BTP units with turnover of DTA ServiceProviders; and

(g) Exports of Goods.

3.18.2 Deleted

3.19 VISHESH KRISHI AND GRAM UDYOG YOJANA(VKGUY)

3.19.1 Policy pertaining to VKGUY is given in Chapter 3 of FTP.Appendix 37A contains the list of VKGUY items.Application forgrant of Duty Credit scrip under VKGUY for export made from1.4.2008 onwards shall be made to RA concerned in ANF 3Calong with documents prescribed therein.

Applicant may file one or more applications subject to conditionthat each application shall contain not more than 50 shipping bills.All shipping bills in any one application must relate to exportsmade from one Customs House only, which shall be the port ofregistration for Duty Credit Scrip. For exporter with more than50 shipping bills in one year, multiple applications can be filed andsupplementary cut (para 9.4 of HBPv1) shall not be applicable.

3.19.2 Deleted

3.19.3 Deleted.

3.19.4 to Deleted.3.19.9

3.19.10 Policy pertaining to the VKGUY benefits under Para 3.8.6 is givenin Para 3.8.6 of Chapter 3 of FTP (RE2008), as amended. AllStatus Holders may apply for grant of Duty Credit scrip for exportmade during 2007-08 to RA, CLA, New Delhi in ‘ANF 3G -ANF for Para 3.8.6’ along with documents prescribed therein.

Applicants may file one application before the last date prescribedfor each half year period (Apr-Sep / Oct-Mar). Applications forexports during Apr-Sept 2008 shall be filed from 15.1.2009 till15.2.2009 and for exports during Oct-Mar 2009 applicationsshall be filed from 1.5.2009 till 31.5.2009.

Applications received after the last date shall be summarilyrejected, as Para 9.2 and Para 9.3 shall not be applicable. Date

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of exports shall be determined in terms of Para 9.12. Applicationfee shall be the same as it is for VKGUY benefits underPara 3.8.2.

The allocation of duty credit scrips by RA, CLA, New Delhi,under Para 3.8.6 of FTP (RE2008), shall be done proportionateto the eligible claims of individual applications, vis-à-vis the totaleligible claims of all the status holders put together, received foreach half year (Apr-Sep 2008 / Oct-Mar 2009) period, in such away that the total benefits granted for all status holders put togetherdoes not exceed the limit prescribed for each half year in Para3.8.6 of FTP (RE2008). Accordingly if the total eligible claim ofall the status holders put together is, say, Rs 200 Cr, each applicantstatus holder would be granted one-fourth of the claim an applicantis eligible for.

FOCUS MARKET SCHEME (FMS)

3.20 Policy pertaining to FMS is given in Chapter 3 of FTP. NotifiedMarkets are listed in Appendix 37C.

3.20.1 An application for exports made during 2006-07, 2007-08 and2008-09 shall be filed separately, with RA concerned in ANF 3Dalong with documents prescribed therein. Applicant may file oneor more applications subject to condition that each applicationshall contain not more than 50 shipping bills. For exporter withmore than 50 shipping bills in one year, multiple applications canbe filed and supplementary cut (Para 9.4 of HBP v1) shall not beapplicable.

Shipments from EDI Ports and Non-EDI Ports cannot be clubbedin one application. Port of registration for EDI enabled ports shallbe any one EDI port of exports, as per the choice of the applicant.In case of exports through non-EDI port, the port of registrationshall be the relevant non EDI port of exports. Accordingly separateapplication shall be filed for each non EDI port.

Eligibility of Focus Market (as in Appendix 37C) shall bedetermined from date of export as per Para 9.12 of HBP v1.However, exports for which realizations have already beenreceived till 17.1.2008, the last date of filing application shall be30.7.2008.

3.20.2 Deleted.

3.20.3 Applicant shall be required to submit proof of landing of exportconsignment in specified market. Duty Credit scrip shall be grantedon FOB value realized as per BRC / FIRC.

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Any one of the following documents should suffice, as a proof oflanding of export consignment in specified Focus Market:

i. A self attested copy of import bill of entry filed by importerin specified market, or

ii. Delivery order issued by port authorities, or

iii. Arrival notice issued by goods carrier, or

iv. Tracking report from the goods carrier duly certified bythem, evidencing arrival of export cargo to destinationFocus Market, or

v. Lorry receipts of transportation of goods from Port intothe Focus Market, or

vi. For Land locked Focus Market, Lorry receipts oftransportation of goods from Port to Land locked FocusMarket, or

vii. Any other documents that may satisfactorily prove to RAconcerned that goods have landed in / reached the FocusMarket.

3.20.4 to Deleted3.20.8

FOCUS PRODUCT SCHEME (FPS)

3.21 Policy pertaining to FPS is given in Chapter 3 of FTP. NotifiedProducts are listed in Appendix 37D.

3.21.1 An application for exports made during 2006-07, 2007-08 and2008-09 shall be filed separately, with RA concerned in ANF 3Ealong with documents prescribed therein. Applicant may file oneor more applications subject to condition that each applicationshall contain not more than 50 shipping bills. For exporter withmore than 50 shipping bills in one year, multiple applications canbe filed and supplementary cut (Para 9.4 of HBP v1) shall not beapplicable.

Shipments from EDI Ports and Non-EDI Ports cannot be clubbedin one application. Port of registration for EDI enabled ports shallbe any one EDI port of exports, as per the choice of the applicant.In case of exports through non-EDI port, the port of registrationshall be the relevant non EDI port of exports. Accordingly separateapplication shall be filed for each non EDI port.

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Eligibility of Focus Product (as in Appendix 37D) shall bedetermined from date of export as per Para 9.12 of HBP v1.However, exports for which realizations have already beenreceived till 17.1.2008, the last date of filing application shall be30.7.2008.

3.21.2 Deleted.

3.21.3 Duty Credit scrip shall be granted on FOB value realized as perBRC / FIRC.

3.21.4 to Deleted3.21.8

3.21.9 For Market linked Focus Product, the procedure will be notifiedseperately.

3.22 HIGH-TECH PRODUCTS EXPORT PROMOTIONSCHEME (HTPEPS)

3.22.1 Policy pertaining to HTPEPS is given in Chapter 3 of FTP.Notified High Tech Products are listed in Appendix 37E.

3.22.2 In case the applicant wishes to avail the option given in Para 3.11.2(a), the Procedure prescribed for claiming Focus Product Schemebenefits shall apply. For others, application for obtaining DutyCredit scrip for incremental growth in exports during currentlicensing year 2008-09 shall be filed in ANF 3F within a period oftwelve months after expiry of current licensing year. Applicationfiled in ANF 3F, shipments from EDI Ports and Non-EDI Portscan be clubbed in one application and the port of registration shallbe any one of the ports of exports, as per the choice of theapplicant.

3.23 COMMON PROCEDURAL FEATURES FORPROMOTIONAL SCHEMES, APPLICABLE TO ALLSCHEMES IN THIS CHAPTER, UNLESSSPECIFICALLY PROVIDED FOR:

Jurisdictional RA / 3.23.1 Applicant shall have option to choose Jurisdictional RA on basisRA Concerned of Corporate Office, Registered Office, Branch Office address

endorsed on IEC. However, once opted, no change would beallowed.

3.23.2 Provisions contained in Chapter 2, 9 of this HBP shall apply to allPromotional Schemes.

Port of Registration 3.23.3 Duty Credit scrip (including splits) shall be issued with a singleport of registration as per choice of applicant. Before registration,authorities shall verify genuineness of Duty Credit scrip, from RAconcerned, until EDI system of message exchange is put in place.

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However, applicant may use Duty Credit scrip for imports fromany other port (that includes ICD/LCS) after obtaining TRA fromauthorities at port of registration.The above procedure shall beapplicable only in respect of EDI enabled ports. In case of exportsthrough non-EDI ports, the port of registration shall be the port ofexports.

Facility for Split Scrips 3.23.4 Split certificates of Duty Credit scrip subject to a minimum of Rs5 lakh each and multiples thereof may also be issued, on requestat the time of application with different port of registration. A feeof Rs 1000/- each shall be paid for each split certificate. Afterissue, request of splits shall be permitted with same port ofregistration as appearing on the original scrip.

The above procedure shall be applicable only in respect of EDIenabled ports. In case of exports through non-EDI ports, thefacility of splits shall not be allowed, after issue of scrip.

Import from private / 3.23.5 Entitlement can be used for import from private / public bondedpublic bonded warehouses subject to fulfillment of paragraph 2.28 of FTP andwarehouses terms and conditions of DoR notification.

Re-export of defective / 3.23.6 Goods imported which are found defective or unfit for use, mayunfit goods be re-exported, as per DoR guidelines. Where Duty Credit scrip

has been used for imports, Customs shall issue a certificatecontaining particulars of scrip used, date of import of re-exportedgoods and amount debited while importing such goods. Based onthis certificate, upon application, a fresh Scrip shall be issued byconcerned RA to extent of 98% of debited amount, with sameport of registration and valid for a period equivalent to balanceperiod available on date of import of the defective / unfit goods.

Validity Period & 3.23.7 Duty Credit scrip shall be valid for a period of 24 months.Revalidation Revalidation of Duty Credit scrip shall not be allowed.

Declaration of Intent 3.23.8 For export shipments filed under Free Shipping Bill category, foron Free Shipping Bills exports after 31.5.2008 of products / markets eligible under

Chapter 3 of FTP (Appendix 37A, 37C, 37D, 37E), the exportershall state the intention to claim benefits under chapter 3 of FTPby declaring on the Free Shipping Bills as under:

‘I/We, hereby, declare that I/We shall claim the benefits, asadmissible, under Chapter 3 of FTP’.

This declaration shall not be required for export shipments underany of the schemes of Chapter 4 (including drawback) or Chapter5 of FTP.

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Further for products, markets notified during the year, thisdeclaration shall be necessary for exports under Free ShippingBills, only after a grace period of two months from the date ofrelevant public notice.

Moreover for exports made prior to date of notification ofproducts/ markets, such a declaration will not be required, sinceexport shipments under Free Shipping Bills have already takenplace.

Utilization of Duty 3.23.9 From 1.1.2009, the duty credit scrips issued under Chapter 3 ofCredit Scrips under FTP can also be utilized for payment of duty against imports underChapter 3 for payment EPCG Scheme.of duty under EPCGScheme

Last date of filing of 3.23.10 Application for obtaining Duty Credit scrip shall be filed within aapplication for Duty period of twelve months from date of exports or within six monthsCredit Scrips, except from date of realization, or within three months from date of printingPara 3.8.6 / release of shipping bill, whichever is later, in respect of shipments

for which claim is being filed. For SFIS, last date shall be 31st

December.

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55

CHAPTER-4

DUTY EXEMPTION / REMISSION SCHEME

Policy 4.1 Policy relating to Duty Exemption / Remission Scheme is prescribedin Chapter 4 of FTP.

General Provision 4.2 An application for grant of an Advance Authorisation / AdvanceAuthorisation for Annual Requirement / DEPB / DFIA may bemade by Registered office or Head office or a branch office ormanufacturing unit of eligible exporter, to RA concerned.

4.3 Where applicant is branch office or manufacturing unit(s) of anexporter, it shall furnish self certified copy of valid RCMC wherename of branch office or manufacturing unit is given.

Advance Authorisation 4.4 Where SION have been published, an application in ANF 4A,along with documents prescribed therein, shall be submitted toRA concerned.

4.4.1 In case of export of gold /silver / platinum jewellery and articlesthereof, quantity, wastage and value addition norms shall be asprescribed in paragraph 4A of FTP and HBP v1.

4.4.2 In case where norms have not been published, an application inANF 4B, along with prescribed documents, shall be furnished toconcerned Norms Committee (NC) at DGFT Headquarter forfixation of Norms.

In such cases, original copy of application along with prescribedfee shall be filed with RA concerned and a self attested copy ofsame shall be filed with NC. Authorisation in such cases shall beissued by RA as per NC recommendation.

NC shall also function as a recommendatory authority for SION.DGFT may notify such norms.

4.4.3 Applications, where Acetic Anhydride, Ephedrine and Pseudo-ephedrine is required as an input for import, shall be filed with RAconcerned. Copies of such applications shall also be simultaneouslyendorsed to the Drug Controller of India, Nirman Bhawan, NewDelhi, Narcotics Commissioner, Central Bureau of Narcotics,Gwalior and respective Zonal Director of Narcotics ControlBureau, alongwith a declaration that applicant will maintainprescribed records and also submit prescribed returns.

4.4.4 RA, while issuing Advance Authorisation for import of AceticAnhydride, Ephedrine and Pseudo- ephedrine, shall endorse acondition that before effecting imports, NOC shall be obtainedfrom Narcotics Commissioner of India, Central Bureau ofNarcotics, Gwalior and shall also endorse a copy of Authorisation

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to Drug Controller, Nirman Bhawan, New Delhi and concernedZonal Director of Narcotics Control Bureau.

4.4.5 Deleted

Advance Authorisation 4.5 Transfer of any duty free material imported or procured againstfor applicants with Advance Authorisation from one unit of company to another formultiple units manufacturing purpose shall be done with prior intimation to

jurisdictional Excise Authorities with a clear understanding that nobenefit of CENVAT shall be claimed on such transferred inputs.However, such transfers shall not be allowed to units located inareas covered by Central Excise Notification No. 39/2003 and50/2003 (i.e. Himachal Pradesh / Uttaranchal). In case of non-excisable company / products, units should maintain a properrecord. However to avail facility, all such units should be availablein IEC certificate and follow rules and regulation of Central Excisefor job work. Large Taxpayer Units (LTUs) having multiple units,may not follow above job work procedure, after fulfillment ofEO.

Advance Authorisation 4.6 For policy in paragraph 4.1.8, a specific endorsement shall befor Free of Cost and made on exchange control copy of Advance AuthorisationPaid Material disallowing remittances for material being supplied free of cost.

All inputs imported shall be utilised in manufacturing of productexcept wastage.

Self Declared 4.7 RA may also issue Advance Authorisations, where SION are notAuthorisations where fixed, based on self declaration and an undertaking by applicantSION does not exist for a final adjustment as per Adhoc / SION fixed by NC.

However, no Advance Authorisation shall be issued under thisparagraph for import of following products:-

i. All vegetable / edible oils classified under Chapter 15 andall types of oilseeds classified under Chapter 12 of ITC(HS) book;

ii. All types of cereals classified under Chapter 10 of ITC(HS) book;

iii. All spices other than light black pepper (light berries) havinga duty of more than 30%, classified under Chapter 9 and12 of ITC (HS) book;

iv. All types of fruits / vegetables having a duty of more than30%, classified under Chapter 7 and 8 of ITC (HS) book;

v. Horn, hoof and any other organ of animal; and

vi. Honey.

For export of perfumes, perfumery compounds and various feedingredients containing vitamins, no Authorisation shall be issuedby RA and applicants may apply under Para 4.4.2 above. Where

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export and / or import of bio-technology items are involved,Authorisation under this paragraph shall be issued by RA only onsubmission of a “No Objection Certificate” from Department ofBio-technology.

Entitlement 4.7.1 CIF value of one or more such Authorisations shall be maximum500% of FOB and / or FOR value of preceding year’s exportsand / or supplies in case of status holders, and Rs. 5 crore or500% of the FOB and / or FOR value of preceding year exportsand / or supply, whichever is more, for others.

However, in cases where NC has already ratified norms for sameexport and import products in respect of an Authorization obtainedunder paragraph 4.7, such norms shall be valid for a period ofone year reckoned from the date of ratification.

In such cases Authorisations shall be issued by RA concernedunder “Adhoc Norms Fixed” category and application copies neednot be forwarded to NC for fixation / ratification of norms.

Authorisation holder in such cases shall be entitled for furtherAuthorisation(s) as per norms ratified by NC without need forsubsequent ratification by NC. In such cases applicant would fileapplication under Adhoc Norms Fixed category.

However, NC should ensure that such adhoc norm(s), if not notifiedalready, are notified within six months of the ratification of suchadhoc norm(s).

4.7.2 Once norms are fixed by NC, value limits mentioned in aboveparagraph would not be applicable to Advance Authorisationsissued under this paragraph. Such Authorisations, subsequent tofixation of norms by NC, may be enhanced.

It is mandatory for industry to provide production data etc. asmay be required by DGFT / EPC for fixation of SION. Otherwise,applicant shall not be allowed to take benefit of AdvanceAuthorization scheme for taking repeatAdvance Authorizationson self-declared basis.

Authorisation in 4.7.3 An applicant shall be entitled for Authorisation in excess ofExcess of Entitlement entitlement mentioned in paragraph 4.7.1 subject to furnishing of

100% Bank Guarantee to Customs authority to cover exemptionfrom customs duties. A specific endorsement to this effect shall bemade on Authorisation.

Application 4.7.4 Original application with prescribed documents shall be submittedto concerned RA. RA shall forward a copy of application within7 days from Authorisation issue date to NC for fixation of normswithin prescribed time.

Undertaking 4.7.5 Applicant shall give an undertaking that he shall abide by normsfixed by NC and accordingly pay duty, together with interest, on

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unutilised inputs as per norms fixed by NC. However Authorisationholder has option to undertake additional EO in proportion toexcess unutilized inputs. In case application is rejected by NC,Authorization holder shall pay customs duty saved along withinterest on imported inputs, as notified. However in such caseswhere the NC decides adhoc norms based on information availableto it and the exporter represents against the decision of the NC,time limit for filing representation, if any, before the NormsCommittee shall be four months from the date of communicationof decision of the fixation of adhoc norms by NC .

In addition, an amount as per Para 4.28(i)(b) below has to bedeposited.

4.7.6 In such cases, where norms are not finalised by NC within fourmonths from Authorisation issue date, norms as applied for shallbe treated as final and no adjustment will be made. However,where application for fixation of adhoc / SION is rejected onaccount of non-furnishing of required documents / information,Authorisation holder shall be liable for penalty as stated in aboveparagraph.

In case SION for the said product is notified, SION would bemade applicable for deciding wastage norm and EO.

In such cases where export obligation is completed pending fixationof norms by NC, entitlement for Authorisation as given inparagraph 4.7.1 may be re-credited upon production ofdocumentary evidence (copies of Shipping bill / bill of export /Central Excise certified copies of invoices) showing fulfillment ofexport obligation in respect of previous Authorisations. However,bond waiver / redemption shall not be allowed pending fixationof norms in such cases.

Financial Powers 4.8 Financial powers of RA and NC are given in table below:

On published norms and under paragraph 4.7 of HBP v1

RA RA on recommendation ofDGFT Hqr (SION cases) / NC(Adhoc Norms cases)

Category of Application Advance Authorisation Others Advance Authorisation OthersforPetroleum / forPetroleum /Petrochemical Petrochemicalproducts & Advance products & AdvanceAuthorisation for Authorisation forAnnual Requirements Annual Requirements

CIF value of Below Rs. 500 crore Below Rs.500 crore or above Rs. 100Authorisation Rs. 100 crore or

crore above

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Standardisation 4.9 For standardization of norms, an application may be made byof Adhoc Norms manufacturer exporter or merchant exporter tied to supporting

manufacturer, duly filled in with complete data. Such applicationsshall be made to NC in ANF 4B.

Import of fuel may also be allowed under SION by NC subjectto following: -

(a) Facility of import of fuel shall be allowed only tomanufacturer having captive power plant.

(b) In cases where SION specifically allows fuel, same shallbe permitted under advance Authorisation. However, iffuel is not covered specifically under SION, it may beallowed as per General Fuel Policy for products coveredunder SION or under paragraph 4.7 above.

(c) Fuel should be allowed only against an actual userAuthorisation. However in case of DFIA, fuel can onlybe transferred to agencies granted marketing rights by theMinistry of Petroleum and Natural Gas.

(d) Deleted

(e) Applications for fixation of fuel entitlement for new sectorsand modification of the existing entitlement as per GeneralNote for Fuel in HBP v2 would be made to NC alongwith requisite data in ANF 4C pertaining to “Data Sheetfor Fuel Rate”.

Modification of SION 4.10 An application for modification of existing SION may be filedbefore the NC by manufacturer exporter or merchant-exporter,tied to supporting manufacturer, in form given in ANF 4B.

Amendment of Export 4.10.1 An application for amendment of an export item or inputs underitem and inputs SION or under Adhoc Norms may be filed by any manufacturer

or merchant exporter as per ANF 4B.

Applicant would give justification for seeking amendment and samewould be considered by Regional Authority with specific approvalof Head of Office. In case of any major change in input or requestfor more wastage to that allowed under SION or adhoc norm,same should be referred to NC for ratification.

Revision of SION by NC 4.10.2 NC may identify SIONs which in its opinion are required to bereviewed. Exporters are required to submit revised data in ANF4B for such revision. It is mandatory for industry / exporter(s) toprovide production and consumption data etc. as may be requiredby DGFT / EPC for revision of SION. Otherwise, applicant shallnot be allowed to take benefit of Advance Authorization scheme.

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Description of an 4.11 An Advance Authorisation shall specify:Advance Authorisation

(a) names and description of items to be imported andexported/ supplied;

(b) quantity of each item to be imported or wherever quantitycannot be indicated, value of item shall be indicated.However, if in SION, quantity and value of individual inputsis a limiting factor, same shall be applicable.

(c) aggregate CIF value of imports; and

(d) FOB / FOR value and quantity of exports / supplies.

Exports in Anticipation 4.12 Exports / supplies made from the date of EDI generated file numberof Authorisation for an Advance Authorisation, may be accepted towards discharge

of EO. Shipping / Supply document(s) should be endorsed withFile Number or Authorisation Number to establish co-relation ofexports / supplies with Authorisation issued. The requirement ofendorsement of file number or Authorisation number on the shippingbill would be dispensed with once the EDI Data TransmissionSystem for the shipments becomes operational.

If application is approved, authorisation shall be issued based oninput / output norms in force on the date of receipt of applicationby RA in proportion to provisional exports / supplies alreadymade till any amendment in norms is notified. For remainingexports, Policy / Procedures in force on authorisation issue dateshall be applicable.

4.12.1 Exports / supplies made in anticipation of grant of an AdvanceAuthorisation shall be entirely on risk and responsibility of exporter.

4.12.2 Conversion of duty free shipping bills to drawback shipping billsmay also be permitted by customs authorities in case applicationfor an Advance Authorisation is rejected or modified by RA.

Advance Authorisation 4.13 Application for grant of Advance Authorisation or DFIA foror DFIA for Intermediate supply may be made on the basis of a tie-upIntermediate Supplies agreement with exporter (physical / deemed) holding an Advance

Authorisation or DFIA. RA concerned shall consider suchrequests.

Advance Authorisation or DFIA for Intermediate supply shall beissued after making Authorisation invalid for direct import of items,to be supplied by intermediate manufacturer. In such cases, a copyof the invalidation letter will be given to Authorisation holder andcopy thereof will be sent to intermediate supplier as well as RA ofintermediate supplier. Authorisation holder in such case has an

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option either to supply intermediate product to holder of AdvanceAuthorisation or DFIA or to export (physical / deemed) directly.However, once Electronic message transfer facility among the RAsbecomes fully operational, sending copy of invalidation letter /ARO to jurisdictional RA shall not be required.

Facility of Advance Authorisation shall be available even in caseswhere intermediate supplier has supplied or intends to supplymaterial, subsequent to fulfilment of EO by exporter holdingAdvance Authorisation / DFIA from where invalidation letter wasissued.

Advance Release Order 4.14 An application may be made to RA concerned for grant of ARO(ARO) to procure inputs from indigenous sources / STEs.

4.14.1 Application shall specify:

(i) name, description and quantity of items and

(ii) individual value of items to be procured. An ARO may beissued along with Advance Authorisation / DFIA orsubsequently, and its validity shall be co-terminus withvalidity of Advance Authorisation / DFIA.

An ARO issued for procurement of an individual item shall beautomatically valid for procurement from one or more indigenoussources.

Back to Back Inland 4.15 Exporter may alternatively avail facility of a back to back inlandLetter of Credit (L/C) letter of credit from banks. An Advance Authorisation / DFIA

holder may approach a bank for opening an inland letter of credit(L/C) in favour of an indigenous supplier.

4.15.1 Before opening the L/C, bank will ensure that necessary BG /LUT has been executed by Advance Authorisation / NonTransferable DFIA holder and an endorsement to that effect hasbeen made on the Authorisation.

However, execution of BG / LUT shall not be required againsttransferable DFIA. After opening inland L/C, bank shall makefollowing endorsement on Exchange Control and Customs copyof Advance Authorisation / DFIA:

Value of this Advance Authorisation / DFIA stands reduced by asum of Rs. ________ , being value of inland L/C No.________opened today by Authorisation holder in favour of M/s____________________ (name and address of indigenoussupplier).

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4.15.2 Authorisation shall be invalidated by bank for direct import onlyin respect of full quantity and value of item being sourcedindigenously.

4.15.3 Original Letter of credit (L/C) may be retained by bank fornegotiation and only non-negotiable copy of L/C may be given toindigenous supplier.

4.15.4 Responsibility of bank shall be confined to making endorsement.Bank shall not be liable for any misrepresentation or false statementmade by Authorisation holder while requesting bank to makeendorsement. Inland L/C opened by bank in favour of indigenoussupplier shall not be cancelled for any reason whatsoever.

4.15.5 Non negotiable copy of inland L/C together with photocopy ofAdvance Authorisation / DFIA duly carrying endorsements madeby bank shall be sufficient for indigenous supplier to claim deemedexport benefits. L/C issued shall be entitled to benefits given inparagraph 8.3 (b) and (c) of FTP, as applicable.

4.15.6 Where import is permitted as an input under this scheme, gold /silver can be sourced through nominated agencies as given in FTP(Chapter 4) for supply against the Advance Authorisations / DFIAissued. Before supply of material, nominated agencies shouldfollow same procedure as given in paragraph 4.15.1 above.

Facility of Supporting 4.16 Imported material may be used in any unit of holder of AdvanceManufacturer(s) / Authorisation or Non Transferable DFIA (subject to condition ofJobber / co-licensee paragraph 4.5 of this Handbook) or jobber / supporting

manufacturer provided same is endorsed on Authorisation by RA.If applicant desires to have name of any manufacturer or jobberadded to Authorisation, he may apply. Such endorsement shallbe mandatory where prior import before export is a condition foravailing Advance Authorisation / DFIA scheme and Authorisationholder desires to have material processed through any othermanufacturer or jobber.

Upon such endorsement made by RA, Authorisation holder andco- Authorisation holder shall jointly and severally be liable forcompletion of EO. Any one of co-Authorisation holders may importgoods in his name or in joint names. BG / LUT shall also befurnished in their joint names.

However if Authorisation holder is registered with Central Excise,he has an option of getting names of jobber endorsed by CentralExcise as per Central Excise Rules in lieu of RA’s endorsement.In case manufacturer exporter holding authorisation is notregistered / not required to be registered with Central Exciseauthority, job work may be allowed as per Central Excise Rules

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and regulations, without insisting for endorsement of supportingmanufacturer’s name. However, Authorisation holder shall be solelyresponsible for imported items and fulfillment of EO.

In case BG / LUT has been redeemed, Advance Authorizationholder can get duty free inputs processed from any manufacturerunder Actual User condition as per job work regulationsprescribed under Central Excise Rules. However such restrictionshall not be applicable in case of transferable DFIA holder.

Facility of Co- Licensee 4.17 Deleted.

Acceptance of BG/LUT 4.18 At the time of issue of Authorisation, acceptance of undertakinggiven by applicant to RA concerned in relevant ANF will beendorsed on the reverse of Advance Authorisation. Authorisationholder shall execute Bank Guarantee / Legal Undertaking, as thecase may be, in terms of para 2.20 of HBP v1.

Port of Registration 4.19 Advance Authorisation shall be issued for the purpose of importand export through one of sea ports or airports or ICDs or LCSspecified below. Authorisation holder shall register Authorisationat the port specified in Authorisation and thereafter all importsagainst said Authorisation shall be made only through that port,unless the Authorisation holder obtains permission from customsauthority concerned to import through any other specified port.However, exports may be made through any of the specified ports.

Sea Ports Mumbai, Kolkata, Cochin, Kakinada, Kandla, Mangalore,Marmagoa, Chennai, Paradeep, Pipavav, Sikka, TuticorinVishakhapatnam, Dahej, Nagapattinam, Okha, Mundhra,Surat (Magdalla), Jamnagar, Nhava Sheva

Airports Ahmedabad, Bangalore, Bhubaneshwar, Mumbai, KolkataCoimbatore Air Cargo Complex, Cochin, Delhi, Hyderabad,Jaipur, Srinagar, Trivandrum, Varanasi, Nagpur, Chennai,Indore.

ICDs Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati(Amingaon), Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur,Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur(Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur(Nainital), Dighi (Pune), Vadodara, Daulatabad (Wanjarwadiand Maliwada), Waluj (Aurangabad), Anaparthy, SalemMallanpur, Singanalur, Jodhpur, Kota, Udaipur,Ahmedabad, Bhiwadi, Madurai, Bhilwara, Pondicherry,Garhi Harsaru, Bhatinda, Dappar, Chheharata (Amritsar),Karur, Miraj, Rewari, Bhusawal, Jamshedpur, Surajpur,Dadri, Tuticorin.

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LCS Ranaghat , Singhabad , Raxaul, Jogbani, Nautanva (Sonauli),Petrapole, Mahadipur, Hilly, Chengrabanda, Dawki, Atari,Ghojadanga.

SEZ As notified by Central Government, any SEZ can be aspecified port for import and export.

4.19.1 Commissioner of Customs may permit imports and exports fromany other seaport / airport / ICD or LCS .

4.19.2 In such cases, where authorisation has not been registered atspecified port (in Authorisation) and no import has taken place,request for change in Port of Registration may be considered byRA provided the Authorisation has not been redeemed.

4.19.3 For imports from Airport / Seaport / ICD / LCS other than portof registration, a TRA shall also be issued by the customs authorityat the port of registration to customs authority at port of import.However, w.e.f. 1.1.2009, the requirement of TRA would bedispensed with for import from any existing EDI Port.

Facility of Clubbing 4.20 Facility of clubbing shall be available only for redemption /regularisation of cases and no further import or export shall beallowed. For this facility, Authorisations are required to have beenissued under similar Customs notification even pertaining todifferent financial years. However in case of Authorisations issuedin 2004-09 period, Advance Authorisations with different customsnotification can be clubbed.

4.20.1 RA, under whose jurisdiction Authorisation is issued or NC inother cases, shall consider a request in ANF 4D for clubbing allimports and exports of more than one Advance Authorisationprovided imported inputs are properly accounted for as per norms.Value addition of the Authorisations so clubbed shall be averageof minimum value addition prescribed in FTP and Procedure laidthereunder, imposed on individual Authorisations. Upon clubbing,Authorisations shall, for all purposes, be deemed to be oneAuthorisation and thereafter shortfall, if any, shall be regularizedin terms of para 4.28 of HBP v1.

4.20.2 Accountability of imports and exports shall be restricted in relationto individual categories of Advance Authorisations includingAdvance Authorisation for annual requirements.

4.20.3 Facility is available only for Advance Authorisation(s) where thereis shortfall in fulfillment of EO, and which is sought to be clubbedwith an Advance Authorisation(s) which is valid for imports. Forexpired Authorisation(s) with EO shortfall and which is sought to

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be clubbed with an Advance Authorisation(s) which is valid forimports, applicant shall pay composition fee for EO period extensionas per paragraph 4.22 below.

4.20.4 Wherever exports are effected beyond EO extension period(allowed vide paragraph 4.22 below) of earlier Authorisation, noclubbing shall be permitted.

4.20.5 Notwithstanding provisions of para 4.20.3 and 4.20.4 above,Clubbing of all expired Authorisations may also be permittedprovided all expired Authorisations have been issued during EximPolicy period 1992-1997 & 1997-2002 i.e., 1st April 1992 to31st March, 2002. However clubbing of erstwhile Value BasedAdvance licences shall not be allowed.

Enhancement/ 4.21 In respect of an Advance Authorisation, RA concerned (as perReduction In the their financial powers) may consider a request for:Value of Authorisation

(a) enhancement / reduction in CIF value of AdvanceAuthorisation;

(b) enhancement / reduction in CIF value, quantity of inputs,FOB value and quantity of exports of an AdvanceAuthorisation;

provided VA after such enhancement does not fall belowminimum VA stipulated in FTP and HBP v1 laid thereunderand there is no change in input-output norms and FTPunder which Advance Authorisation was issued.

4.21.1 Deleted.

4.21.2 Request for prorata enhancement in value and quantity may bemade either before or after exports. In such cases where there isa change in SION prior to export of said product, pro-rataenhancement shall be given after calculating entitlement on revisedSION.

4.21.3 The application for the enhancement/ reduction in the value ofAuthorisation shall be made in ANF 4E.

Application fee 4.21.4 Application fee leviable for enhancement would be on thefor enhancement difference in CIF values of original and final Authorisation.

However, no application fee would be charged if value ofAuthorisation is being reduced or applicant has paid maximumfee of Rs 150,000 (for manual applications) and Rs 75,000 (fordigitally signed applications) respectively in original applicationfor Advance Authorisation.

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Export Obligation 4.22 Fulfillment Period of EO under an Advance Authorisation shall(EO) Period and commence from Authorisation issue date. EO shall be fulfilledits Extension within 24 months except in case of supplies to projects / turnkey

projects in India / abroad under deemed exports category whereEO must be fulfilled during contracted duration. In case of Spices{(covered by chapter 9 of ITC (HS)}, EO shall be fulfilled within90 days from the date on which first import consignment is clearedby Customs Authorities.

However, in case of import of spices for VA purpose like crushing/grinding / sterlisation or for manufacture of oils and oleoresins ofpepper, cardamom and chillies and not for simple cleaning, grading,repacking etc., EO shall be fulfilled within 120 days from the dateof importation of first consignment. In case of import of spices(other than pepper, cardamom and chillies) for manufacture ofspice oils and oleoresins, EO shall be fulfilled within 12 monthsfrom the date of issuance of Advance Authorization.

EO Period for import of drugs (with a specific export order andpre-import condition) and for import of tea shall be 6 monthsfrom the date of importation of first consignment.

4.22.1 Request for extension in EOP may be made in ANF 4E. RAshall grant one extension for six months from expiry date withpayment of composition fee of 2% of duty saved on all unutilizedimported items as per Authorisation.

Request for a further extension of six months may be consideredby RA with payment of composition fee of 5% of duty saved,based on all unutilized imported items as per Authorisation.

Facility of extension of EOP shall not be allowed in case of AdvanceAuthorisation wherein import of penicillin and its salts (ITC (HS)Code No. 29411010) and 6 – APA (ITC (HS) Code No. 29411050) have been allowed as an input and also for import of spicesand tea. RA shall make an endorsement in Advance Authorisationto this effect.

Such extensions would not be permitted in erstwhile Value BasedAdvance Authorisations (VABALs). Additionally, no extension inEO would be allowed in respect of Authorisations wheremisrepresentation / fraud has come to notice of RA. Further, inrespect of Authorisations where adjudication orders have alreadybeen passed, no extension in EOP shall be admissible.

The period for discharge of export obligation against AdvanceAuthorisations (erstwhile licences) issued for Export of Sugarstands automatically extended for one year (without payment ofComposition Fee) w.e.f the date on which their export obligation

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period expires provided the export obligation period did not expireprior to 19-4-2007.

4.22.2 Customs may allow provisional clearance of export consignmentas and when Authorisation holder produces documentary evidenceof having applied for EO extension to concerned RA.

Revalidation of 4.23 RA may consider a request of original Authorisation holder andAuthorisation grant one revalidation for six months from expiry date. Request(s)

for revalidation of Authorisation shall be made in ANF 4E.

Monitoring of Obligation 4.24 RA, with whom undertaking is executed by Advance Authorisationholder, shall maintain a proper record in a master register, indicatingstarting and closing dates of obligation period and other particularsto monitor EO.

Within two months from date of expiry of period of obligation,Authorisation holder shall submit requisite evidence in dischargeof export obligation in accordance with paragraph 4.25 below.

However, in respect of shipments where six months period (oneyear in case of status certificate holder) for realisation of foreignexchange has not become due, RA shall not take action for nonsubmission of bank certificate of exports and realisation, providedother document substantiating fulfillment of EO have beenfurnished.

4.24.1 In case Authorisation holder fails to complete EO or fails to submitrelevant information / documents, RA shall take action by refusingfurther Authorisations, enforce condition of Authorisation andUndertaking and also initiate penal action as per law.

Advance Authorisation 4.24A (a) Exporters eligible for such Authorisations shall file an for Annual Requirement application in ANF 4A to RA concerned. All provisions

as to Advance Authorisation given above would applyexcept the following:

(i) RA while issuing Authorisation shall mentiontechnical characteristics quality and specifications inrespect of following inputs:-

Alloy steel including stainless steel, copper alloy,synthetic rubber, bearings, solvents, perfumes/essential oils/aromatics chemicals, surfactants,relevant fabrics and marble.

(ii) Authorisation holder shall have flexibility to exportany product falling under export product group usingduty exempted material.

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(iii) Within eligible entitlement, an exporter may applyfor one or more than one Authorisations in a licensingyear, subject to condition that against one port ofregistration only one Authorisation can be issued forsame product group. One time enhancement /reduction of the Authorisation shall be available interms of paragraph 4.21 above.

(iv) On completion of EO against one or moreAuthorisations, all issued in same licensing year,entitlement of an exporter for that licensing year shallbe deemed to be revived by an amount equivalentto EO completed against Authorisation(s).

(b) to (g) Deleted

4.24B Deleted

Fulfillment of 4.25 Authorisation holder shall furnish prescribed documents inExport Obligation ANF 4F in support of fulfillment of EO.

A (i) to (iv) Deleted.

B (i) to (iv) Deleted.

Discharge of export 4.25A Quantity Based Advance licences issued prior to 1.4.2002 shallobligation against be disposed off as per Public Notice No. 79 dated 2.1.2006, asadvance licences amended from time to time. issued prior to 1.4.2002

Redemption / 4.26 In case EO has been fulfilled, RA shall redeem the case. AfterNo Bond Certificate redemption, RA shall forward a copy of redemption letter,

indicating shipping bill number(s), date(s), FOB value in Indianrupees as per shipping bill(s), and description of export productin respect of shipment which were taken into account for thepurpose of fulfillment of EO, to Customs authority at port ofregistration. Such details shall also be placed by the Zonal Officesin their website immediately after issuance of export obligationdischarge /redemption letter / No Bond Certificate (in case of“No BG / LUT” facility), and by DGFT Hqr in DGFT website onmonthly basis, for customs authority to access it from website.

Cancellation / redemption of BG / LUT would be undertaken byCustoms, within 30 days of issue of Export Obligation DischargeCertificate (EODC) / bond waiver by RA.

Ordinarily, redemption of BG / LUT shall not preclude customsauthority from conducting random checks and from taking action

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against Authorisation holder for any misrepresentation, mis-declaration and default detected subsequently.

Further RA shall also take action against authorisation holder incase of non-submission of Appendix 23, duly filled in, as stipulatedin Paragraph 4.30 below or for any misrepresentation,misdeclaration and default detected subsequently in details declaredand furnished in Appendix 23. An endorsement to this effect shallbe made by RA in the redemption certificate.

Transitional Arrangement 4.27 Advance Licences, including Advance Licences for Annualfor Authorisations Requirement issued upto 31.8.2004, shall be governed byissued upto 31.8.2004 provisions contained in Chapter-7 of HBP v1 (RE-2001) and

Chapter 4 of HBP v1 (2002-2007) as Notified on 31.3.2002respectively as amended from time to time, excepting provisionsrelating to clubbing and extension in E.O. period which shall begoverned by provisions of paragraphs 4.20 and 4.22.1respectively above, and any other provision, as notified by DGFT.

However, wherever Customs duty is to be paid on unutilisedmaterial, same shall be paid alongwith interest thereon as notified.

Regularisation of 4.28 Cases of bonafide default in fulfillment of EO may be regularisedBonafide Default by RA as under:

(i) If EO is fulfilled in terms of value, but there is a shortfallin terms of quantity, the Authorisation holder shall, forregularisation, pay:-

a) to customs authorities, customs duty on unutilizedvalue of imported / indigenously procured materialalong with interest as notified; and

b) an amount equivalent to 3% of the CIF value ofunutilised imported material through a TR inauthorised branch of Central Bank of India indicatingthe “Head Account: 1453, Foreign Trade and ExportPromotion and Minor Head 102”. Authorisationholder shall also be required to obtain a separateAuthorisation for regularisation of excess importedinput. However, provisions of this sub-paragraphshall not be applicable if unutilised imported materialwas freely importable on the date of import.

(ii) If the EO is fulfilled in quantity but there is shortfall invalue, no penalty shall be imposed if Authorisation holderhas achieved minimum value addition prescribed.However, if value addition falls below the minimum valueaddition prescribed, Authorisation holder shall be required

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to deposit an amount equal to 1% of shortfall in FOBvalue in Indian Rupee, through TR in authorised branchof Central Bank of India as above, or through EFT mode.

Value wise shortfall shall be calculated with reference toactual quantity of exports and FOB value of realisationwith reference to prorata quantity of imports and CIFvalue. For example, if export performance is only 50%quantitywise, but import has been for complete CIF valuepermitted, then value addition would be calculated on aprorata basis, i.e with reference to 50% of CIF value ofimports. This would accordingly imply that whereAuthorisation holder is unable to export, no penalty onvaluewise shortfall shall be imposed.

(iii) If EO is not fulfilled both in terms of quantity and value,the Authorisation holder shall, for the regularisation, payas per (i) and (ii) above.

(iv) In case an exporter is unable to complete EO undertakenin full and he has not made any import under Authorisation,Authorisation holder will also have an option to get theAuthorisation cancelled and apply for drawback afterobtaining permission from Customs authorities forconversion of shipping bills to Drawback Shipping Bills.

(v) RA shall compare relevant portion of Appendix-23 dulyverified and certified by Chartered Accountant with thatof norms allowed in Authorisation(s) and actual quantityimported against Authorisation(s) in the beginning oflicensing year for all such Authorisations redeemed inpreceding licensing year. In this verification process, in caseit is found that Authorisation holder has consumed lesserquantity of inputs than imported, Authorisation holder shallbe liable to pay customs duty on unutilized value ofimported material, alongwith interest thereon as notified,or effect additional export within the EO period.

Time Period For 4.29 Customs duty with interest to be recovered from AuthorisationDepositing Fines, holder on account of regularisation or enforcement of BG / LUT,Customs Duty, Etc. shall be deposited by Authorisation holder in relevant Head of

Account of Customs Revenue i.e., “Major Head 0037 - Customsand minor head 001- Import Duties” in prescribed T.R. Challan,within 30 days of demand raised by Regional / Customs Authorityand documentary evidence shall be produced to this effect toRA / Customs authority immediately.

On receipt of such documentary evidence from Authorisationholder, RA shall intimate details of recovery / deposits made to

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Customs Authority at port of registration under intimation to JointSecretary (Drawback), Department of Revenue, Ministry ofFinance, Jeevan Deep Building, New Delhi.

Payment of amount of duty, interest and any dues for regularisationshall, however, be without prejudice to any other action that maybe taken by Customs Authorities at any stage under CustomsAct, 1962.

Maintenance of 4.30 Every Advance Authorisation holder shall maintain a true andProper Accounts proper account of consumption and utilisation of duty free imported

/ domestically procured goods against each Authorisation asprescribed in Appendix-23. These records are required to besent to the concerned RA at the beginning of each licensing yearfor all those Authorisations, which have been redeemed in previouslicencing year. However, these records in said format are requiredto be submitted for Authorisations issued on or after 13-05-2005.Such records should be preserved for a period of at least threeyears from date of redemption.

Consideration of 4.30A In case where Original EP copy of Shipping Bill / original BRCcases against lost has been lost, request for EODC, “No BG / LUT condition” underEP copy of the Advance Authorisation / DFIA scheme, or endorsement ofShipping Bills and / transferability under DFIA scheme can be considered, subject toor Bank Realisation submission of following documents in lieu of those originalCertificate documents: -

a) A duplicate / certified copy of concerned document issuedby Customs Authority / Bank in lieu of original;

b) An application fee equivalent to 1% of duty saved amount.However, no fee shall be charged when such document islost by Government agencies and a documentary proof tothis effect is submitted;

c) An affidavit by exporter about loss of document and anundertaking to surrender it immediately to concerned RA,if found subsequently;

d) An indemnity bond by exporter to the effect that he wouldindemnify Government for financial loss, if any, on accountof duty free import entitlement availed / allowed againstlost Shipping Bills / BRC. Customs Authority, beforeallowing redemption of BG / LUT or clearance afterendorsement of “No BG / LUT condition” or endorsementof transferability, shall ensure that no double benefit againstsuch shipping bill has been availed.

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However, in case of submission of reconstructed copy ofshipping bill in lieu of original shipping bill, conditions atb), c) and d) above shall not be applicable.

Duty Free Replenishment 4.31 to 4.36A Deleted.Certificate(DFRC)

DUTY ENTITLEMENT PASSBOOK (DEPB) SCHEME

Duty Entitlement 4.37 Policy relating to Duty Entitlement Passbook (DEPB) Scheme isPassbook (DEPB) given in Chapter-4 of FTP. Duty credit under the scheme shall beScheme calculated by taking into account deemed import content of said

export product as per SION. Value addition achieved by exportof such product shall also be taken into account while determiningthe rate of duty credit under the scheme.

Fixation of DEPB Rate 4.38 ANF 4C prescribes form regarding fixation of DEPB rates. Allapplications for fixation of DEPB rates shall be routed throughconcerned EPCs which shall verify the FOB value of exports aswell as international price of inputs covered under SION.

Provisional DEPB Rate 4.38A To encourage diversification and to promote export of newproducts, DEPB Committee would be empowered to notifyprovisional DEPB rates. However, such DEPB rates would bevalid for a limited period of time during which exporter wouldfurnish data on export and import for regular fixation of rates.

Exports in anticipation 4.39 No exports shall be allowed under DEPB scheme unless DEPBof DEPB Rate rate of concerned export product is notified.

Port of Registration 4.40 Exports / imports made from specified Sea Ports, Airports, ICD& LCSs given in paragraph 4.19 above and made to any SpecialEconomic Zone (SEZ), notified by Central Government, areentitled to DEPB.

4.40.1 DEPB shall be issued with single port of registration, which willbe port from where exports have been effected.

Maintenance of Record 4.40.2 Each Custom House at ports shall maintain a separate record ofdetails of exports made under DEPB.

Credit under DEPB and 4.41 In respect of products where rate of credit entitlement under DEPB Present Market Value Scheme comes to 10% or more, amount of credit against each

such export product shall not exceed 50% of Present MarketValue (PMV) of export product. During export, exporter shalldeclare on shipping bill that benefit under DEPB Scheme wouldnot exceed 50% of PMV of export product. However PMVdeclaration shall not be applicable for products for which valuecap exists irrespective of DEPB rate of product.

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Utilisation of DEPB credit 4.42 Credit under DEPB shall be utilised for payment of customs dutyon any item including capital goods, which is freely importable.DEPB Scrips can also be utilized for payment of duty againstimports under EPCG Scheme w.e.f 1.1.2009.

Application for DEPB 4.43 An application for grant of credit under DEPB may be made toRA concerned in ANF 4G alongwith prescribed documents.Agency commission shall be allowed for DEPB entitlement upto12.5% of FOB value only. FOB value in free foreign exchangeshall be converted into Indian rupees as per exchange rate forexports, notified by Ministry of Finance, as applicable on the dateof order of “Let Export” by Customs.

4.43A In respect of consignment exports wherein exporter has declaredFOB value on a provisional basis, exporter shall be eligible forfinal assessment of such shipping bill based on actual FOB realisedupon sale of such goods in freely convertible currency.

4.43B An application for grant of credit for supplies from DTA to SEZcan be made by DTA unit or SEZ unit. DTA unit may claim benefitseither from RA or Development Commissioner concerned. In caseclaim have been filed with RA, RA while allowing benefits to theDTA unit will simultaneously endorse a copy of communication toconcerned Development Commissioner alongwith details of exportdocuments . In case DTA supplier prefers claim with DevelopmentCommissioner, the Development Commissioner will verify DeniedEntity List (DEL) status of supplier from DGFT website beforeallowing DEPB benefits. SEZ unit will file application withDevelopment Commissioner concerned in ANF 4G along withprescribed documents.

4.44 DEPB shall be issued with transferable endorsement after paymentconfirmation. In other cases, DEPB shall be initially issued withnon-transferable endorsement and upon realization, can beendorsed as transferable.

Monitoring 4.45 RA shall monitor earlier cases where DEPB has been grantedof Realisation prior to realisation of export proceeds so as to ensure that

realisation takes place within prescribed time. Failing this, RA shallinitiate action for recovery of an amount equivalent to DEPB creditwith interest as notified. Recovered amount in such cases shall bedeposited in head of account of Customs as stated in paragraph4.29 above.

4.45.1 If export proceeds are not realised within the stipulated timeperiod, DEPB holder shall pay in cash an amount equivalent toduty free credit utilised on imports, against such exports with interestas notified, from date of import till date of deposit. If amountrealised in foreign exchange is less, then payable amount wouldbe reduced proportionately.

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Time Period 4.46 Application for obtaining credit shall be filed within a period oftwelve months from the date of exports or the date of up linkingof EDI shipping bill details in the DGFT website, or within sixmonths from the date of realisation, or within three months fromthe date of printing / release of shipping bill, whichever is later, inrespect of shipments for which claim has been filed.

Application for obtaining credit shall be filed within a period oftwelve months from the date of exports, or within six months fromthe date of realization, or within three months from the date ofprinting / release of shipping bill, whichever is later, in respect ofshipments for which claim has been filed.

4.47 Wherever provisional shipment has been allowed by customsauthorities, DEPB against such exports shall be issued only afterrelease of shipping bill by Customs. In such cases, application forDEPB shall be filed within six months from date of release of suchshipping bill, or six months from date of realisation, whichever islater.

Frequency of Application 4.48 All shipping bills in any one application must relate to exportsmade from one Custom House only. There is no limit on numberof shipping bills which can be filed through EDI mode in a singleapplication.

Verification by Customs 4.49 In case of EDI shipping bills before 1.10.2005 and non-EDIshipping bills, RA shall ensure that while issuing DEPB, ShippingBill No(s) and date(s), FOB value in Indian Rupees as per ShippingBill(s) and description of export product are endorsed on DEPB.Before allowing imports against such DEPB, Customs shall verifythat details of exports, as given on DEPB, are as per their records.However, in case of EDI shipping bills issued on or after 1-10-2005 from EDI ports which are being transmitted electronicallyby Customs to DGFT, DEPBs issued shall be sent to Customs atport of registration through an electronic message exchangesystem, and DEPB shall be registered at port of registrationelectronically. No verification of shipping bills against which suchDEPBs have been issued, will be required before allowing importsagainst these DEPBs.

Revalidation 4.50 No revalidation shall be granted beyond original period of validityof DEPB, unless it expires in custody of Regional / CustomsAuthorities as per paragraph 2.13 of HBP v1.

Re-export of goods 4.51 Goods imported under DEPB scheme, which are found defectiveimported under or unfit for use, may be re-exported, as per guidelines given inDEPB Scheme paragraph 3.23.6 of HBP v1.

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Issuance of DEPB and 4.52 In case where EP copy of Shipping Bill has been lost, DEPB andother duty credit other duty credit certificates’ claim can be considered, subject tocertificates against lost submission of following documents:-EP copy of theShipping Bills

a) A duplicate / certified copy of Shipping Bill issued byCustoms authority in lieu of original;

b) An application fee equivalent to 2% of the DEPB or otherduty credit entitlement in respect of lost Shipping Bills.However, no fee shall be charged when Shipping Bill islost by Government agencies and a documentary proof tothis effect is submitted;

c) An affidavit by exporter about loss of Shipping Bills andan undertaking to surrender it immediately to concernedRA, if found subsequently; and

d) An indemnity bond by exporter to the effect that he wouldindemnify Government for financial loss, if any, on accountof DEPB or other duty credit certificate issued againstlost Shipping Bills.

Customs authority, before allowing clearance, shall ensure that noDEPB benefit has been availed against same shipping bill.

4.52.1 Claim against lost Shipping Bill shall be preferred within a periodof six months from date of release of duplicate copy of shippingbill and any application received thereafter will be rejected. Thisis subject to the condition that the request for duplicate copy ofShipping Bill to Customs Authority was filed within the time periodsimilar to that mentioned in paragraph 4.46 above. However, if aprovisionally assessed DEPB shipping bill is lost, time period forfiling an application for DEPB would be six months from the dateof release of the finally assessed shipping bill.

Loss Of Original 4.53 In such cases where original Bank Realisation Certificate (BRC)Bank Certificate has been lost, the DEPB claim can be considered subject to

submission of following documents:

a) A duplicate copy of BRC issued by bank authority in lieuof original loss;

b) An application fee equivalent to 2% of the DEPBentitlement in respect of lost BRC;

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c) An affidavit by exporter about loss of BRC and anundertaking to surrender it immediately to RA, if foundsubsequently;

d) An indemnity bond by exporter to the effect that he wouldindemnify Government for financial loss, if any, on accountof DEPB issued against lost BRC.

Claim against lost BRC shall be preferred within a period of sixmonths from date of realisation and application received thereafterwill be rejected.

In such cases, where both documents have been lost, exportershall follow procedure laid down in paragraph 4.52 and 4.53.Time period for such application shall be as per paragraph 4.52and 4.53, whichever is later.

DUTY FREE IMPORT AUTHORISATION (DFIA) SCHEME

Duty Free Import 4.54 Policy relating to the Duty Free Import Authorisation (DFIA)Authorisation (DFIA) Scheme is prescribed in Chapter 4 of FTP. Scheme

Application 4.55 An application in ANF 4H along with documents therein, shall besubmitted to RA concerned.

4.55.1 Guidelines as in paragraph 4.4.1 and 4.4.3 above would beadhered to.

4.55.2 Deleted

4.55.3 However in respect of following items, exporter shall be requiredto give declaration with regard to technical characteristics, qualityand specification in shipping bill. RA while issuing DFIA shallmention technical characteristics, quality and specification inrespect of such inputs:

Alloy steel including Stainless Steel, Copper Alloy, SyntheticRubber, Bearings, Solvent, Perfumes/ Essential Oil/ AromaticChemicals, Surfacatants, Relevant Fabrics, Marble, Articles madeof polypropylene, Articles made of Paper and Paper Board,Insecticides, Lead Ingots, Zinc Ingots, Citric Acid, Relevant Glassfibre reinforcement (Glass fibre, Chopped / Stranded Mat, RovingWoven Surfacing Mat), Relevant Synthetic Resin (unsaturatedpolyester resin, Epoxy Resin, Vinyl Ester Resin, Hydroxy EthylCellulose), Lining Material.

4.55.4 Deleted

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DFIA for applicants 4.56 Transfer of any duty free material imported or procured againstwith multiple units actual user DFIA shall be governed by provisions of paragraph

4.5 above.

DFIA for Free of 4.57 Procedure would be as per paragraph 4.6 above and 4.2.7 inCost and Paid Material FTP.

Financial Powers 4.58 Financial powers shall be as per paragraph 4.8 above.

Description of a DFIA 4.59 A DFIA shall specify details as per paragraph 4.11 above.

Exports in Anticipation 4.60 Exports / supplies made from date of EDI generated file numberof DFIA for an DFIA, may be accepted on similar lines as in paragraph

4.12, 4.12.1 & 4.12.2 above.

4.60.1 Deleted

4.60.2 Deleted

Port of Registration 4.61 Provision of paragraph 4.19 above shall be applicable in case ofDFIA.

Acceptance of BG / LUT 4.62 Provision of paragraph 4.18 above shall be applicable.

Enhancement / 4.63 Provision of paragraph 4.21 above shall be applicable.Reduction in theValue of DFIA

Export Obligation 4.64 Export obligation fulfillment period and its extension shall beperiod (EOP) and governed as per paragraph 4.22 above. However, any extension its extension beyond 36 months from the date of issue of the authorisation issue

date shall not be allowed.

Revalidation of DFIA 4.65 Facility of revalidation shall be available to DFIA holder as perparagraph 4.23 above.

Re-export of goods 4.66 Goods imported against transferable DFIA, which are found imported under defective or unfit for use, may be re-exported, as per DoRDFIA Scheme guidelines. In such cases 95% of CIF value debited against DFIA

for export of such goods, shall be generated by concernedCommissioner of Customs as an Authorisation, containing amountgenerated and the details of original DFIA.

Based on the certificate, a fresh DFIA shall be issued by concernedRA.

Fresh DFIA, so issued, shall have same port of registration andshall be valid for a period equivalent to balance period availableon date of import of such defective/unfit goods.

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Monitoring of 4.67 Provision of paragraph 4.24 above shall apply.Export Obligation

Fulfillment of Export 4.68 Provision of paragraph 4.25 above shall apply.Obligation andmaintenance of proper Original DFIA holder shall maintain a true and proper account ofaccounts of imports consumption and utilisation of duty free imported / domestically

procured goods against each authorisation as prescribed inAppendix-23. These records are required to be sent to concernedRA along with request for bond waiver / redemption / dischargeof export obligation/ transferability. Such records should bepreserved for a period of at least three years from date ofredemption.

Facility for Split DFIA 4.68A Split Authorisations of DFIA subject to a minimum of CIF valueof Rs. 10 lakhs each and multiples thereof may also be issued, onrequest, at the time of seeking transferability. A fee ofRs. 1000/- each shall be paid for each split authorization.

Split-up DFIAs shall be permitted with same Port of Registrationas appearing on the original DFIA.

4.69 Deleted.

Redemption 4.70 Provision of paragraph 4.26 above shall apply.

Regularisation of 4.71 Cases of bonafide default in fulfillment of export obligation mayBonafide default be regularised by as prescribed in paragraph 4.28 above.

Transferability of the 4.72 Once export obligation is fulfilled and required documents asDFIA stipulated in Paragraph 4.68 above have been furnished, RA shall

make authorisation transferable subject to conditions stipulatedfor this scheme including an endorsement on the authorisation itselfas to liability of additional customs duty / excise duty in respect ofimported / indigenously procured inputs, as the case may be, whichhave already been imported under Actual User DFIA and aresought to be transferred after fulfillment of E.O. DFIA holder shalldeposit additional customs duty / excise duty alongwith applicableinterest as per Customs Notification in relevant Head of Accountof Customs Revenue i.e., “Major Head 0037 – Customs andMinor Head 001 – Import Duties” in prescribed T.R. Challanand furnish a documentary evidence to RA alongwith theapplication for endorsement of transferability.

However, restricted items endorsed in authorisation shall beallowed to be transferred only against a separate authorisation /permission issued as per FTP and the procedure laid there under.

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GEMS AND JEWELLERY

4A Policy relating to Gem Replenishment Authorisation, and schemefor gold/ silver/platinum jewellery is given in paragraph 4A of FTP.

Replenishment 4A.1 An application for REP Authorisation may be made in ANF 4IAuthorisation alongwith documents prescribed therein to RA concerned as in

Appendix-1A.

4A.1.1 Application shall be filed within six months following the monthduring which the export proceeds are realised. For exportproceeds realised during month, consolidated application for entiremonth shall be filed.

4A.1.2 Deleted

4A.1.3 In case where payment is received in advance and exports takeplace subsequently, application for REP Authorisation shall be filedwithin six months following the month during which exports aremade.

4A.1.4 For purpose of clarity, it is again reiterated that the month in whichthe export has been made in case of advance payment and themonth in which export proceeds have been realised, in part or fullafter making of exports, shall be excluded while calculating periodof six months for filing of application for REP Authorisation.

Wastage Norms 4A.2 Wastage or manufacturing loss on gold/silver/ platinum jewelleryand articles thereof is as follows:

Item of Percentage of wastage by weight with reference to Gold / Platinum / Silver content in export itemexports

Gold/ Platinum Silvera) Plain jewellery and articles and ornaments like Mangalsutra 3.5% 4.5%

containing gold and black beads/ imitation stones,cubic zirconia diamonds, precious, semi-precious stones.

b) Studded jewellery and articles thereof 9.0% 10%

c) Mountings and findings manufactured(by non-mechanised process) indigeneously 3.5% 4.5%

d) Any jewellery/articles manufactured by a fullymechanised process and unstudded. 1.25% 1.25%

e) Mountings, whether imported or indigenouslyprocured/ manufactured, used in studded jewellery 2.5% 2.5%

f) Gold/silver/platinum medallions and coins(excluding coins of nature of legal tender) 0.25% 0.25%

g) Findings and mountings manufactured by mechanized process 1.25% 1.25%

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Value Addition 4A.2.1 Under scheme for export of jewellery, value addition shall becalculated as per paragraph 4A.6 of FTP. Minimum value additionshall be:

S.No. Item of Export Minimum Value Addition

a) Plain gold / platinum / silver jewellery and Articles and 4%ornaments like Mangalsutra containing gold and blackbeads / imitation stones, except in studded form of jewellery.

b) All types of Studded gold / platinum / silver 6.5%Jewellery and articles thereof.

c) Any jewellery / articles manufactured by fully 2%mechanised process

d) Gold / silver / platinum medallions & coins 2%(excluding coins of nature of legal tender)

e) Gold / silver / platinum findings / mountings 3%manufactured by mechanised process

4A.2.2 Entitlement of quantity of gold / silver / platinum against the exportshall be quantity of gold / silver / platinum in item of export plusadmissible wastage / manufacturing loss.

Loss of Gem and 4A.3 Consignments of gem and jewellery items exported out of countryJewellery and lost in transit after exports, where foreign exchange against

such exports has been realised or insurance claims settled, willalso be eligible for REP Authorisation.

Gem & Jewellery 4A.4 Gem REP Authorisations shall be valid for import of preciousReplenishment stones, semi-precious and synthetic stones and pearls. In addition,Authorisations Authorisation shall also be valid for import of empty jewellery

boxes, upto 5% of value of Authorisation within its overall CIFvalue. Gem REP Authorisations issued against export of studdedgold / silver / platinum jewellery articles, shall also be valid forimport of cut and polished precious / semi-precious stones otherthan emerald, upto 10% of CIF value of Authorisation, within itsoverall CIF value.

4A.4.1 Gem REP Authorisation are available as per scale given inAppendix-12B.

Filing of Application 4A.4.2 (i) An application for Gem Rep Authorisation may be givento RA concerned as given in Appendix-1A in the formgiven in Appendix-22-F alongwith prescribed documents.

(ii) In case E.P Copy of Shipping Bill and Customs attestedinvoice is submitted to nominated agencies, exporter shallfurnish a self certified photo copy of same along with acertificate from nominated agencies certifying carat / value

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of studdings in case of studded jewellery and excess valueaddition achieved in case of plain jewellery and articles.

(iii) Provision of paragraph 4A.1.1 to 4A.1.4 will also beapplicable for Gem Rep Authorisations.

Agency Commission 4A.5 Exporter availing scheme of gold / silver / platinum jewellery areallowed to pay agency commission. Value addition shall becalculated after deducting agency commission.

Endorsement on 4A.6 During export of jewellery, shipping bill and invoice presented toshipping Bill and customs authorities shall contain description of item, its purity,Invoice weight of gold/ silver/ platinum content, wastage claimed thereon,

total weight of gold/ silver/ platinum content plus wastage claimedand its equivalent quantity in terms of 0.995/0.999 fineness forgold/ silver and in terms of 0.9999 fineness for platinum and itsvalue, fob value of exports and value addition achieved. If purityof gold/silver/platinum used is same in respect of all or some ofitems made out from each of these metals for export, exportermay give total weight of gold/silver/platinum and other details ofsuch similar items which are of same purity. In case of studdeditems, shipping bill shall also contain description, weight and valueof precious/ semi-precious stones/diamonds/ pearls used inmanufacture, and weight / value of any other precious metal usedfor alloying gold/silver.

Conditions of Exports 4A.7 Exports shall be allowed by customs authorities providedendorsement made on shipping bill and invoice are correct andvalue addition achieved is not below minimum prescribed in FTP.

Proof of Exports 4A.8 Exporter has to furnish the proof of exports, wherever requiredfor export of gold / silver / platinum jewellery and articles thereof,by furnishing following documents:

(a) E.P copy of the shipping bill;

(b) Customs attested invoice;

(c) Bank certificate of realisation in Appendix 22A.

In case of Personal carriage of jewellery by foreign buyer, followingdocuments should be submitted by the exporter/seller as proof ofexports for claiming export entitlements:

(a) Copy of shipping bill filed by Indian Seller;

(b) A copy of Currency Declaration Form filed by ForeignBuyer with Customs at the time of his arrival; and

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(c) Foreign Exchange Encashment Certificate from Bank.

In addition to this, Personal Carriage on DocumentsAgainst Acceptance (DA)/ Cash On Delivery (COD) basisis also allowed. Exporter will have to furnish followingdocuments as proof of exports for claiming exportentitlements:

(i) Copy of Shipping Bill filed by Indian Seller; and

(ii) Bank Certificate of Export and Realisation

Instructions issued by Customs Department in this regard shouldbe followed mutatis mutandis.

Conversion of 4A.9 For conversion of quantity of gold/ silver/platinum in terms ofPurity/Fineness equivalent quantity in terms of fineness, following formula shall be

used:

(i) Where item of gold has been exported in terms of carats,quantity of gold shall be multiplied by number of carat ofgold exported, divided by 24 and thereafter again dividedby 0.995/0.999/0.900 to arrive at equivalent quantity ofgold in terms of fineness of 0.995/0.999/0.900respectively; and

(ii) Wherever purity of item of export is expressed in termsof fineness, the quantity of gold/silver/platinum shall bemultiplied by fineness of gold/silver/platinum exported andthereafter divided by 0.995 / 0.999 / 0.900 to arrive atequivalent quantity of gold/ silver/platinum in terms of0.995 / 0.999 / 0.900 fineness respectively.

Release of Gold/ 4A.10 Gold / silver / platinum shall be released to exporter of jewellerySilver/ Platinum by nominated agencies/RBI authorised banks in multiples of 10by Nominated Agencies gms or in Ten Tola Bars in respect of gold. However, silver shall

be released to exporters in multiples of 1 Kg only. Any balance ofgold/ silver/ platinum shall be available to exporter along with hisfuture entitlement. Gold/ silver shall be released by the nominatedagencies in terms of 0.995 fineness or more and platinum in termsof 0.900 fineness or more.

Terms of payment 4A.11 Export of gold / silver / platinum jewellery and articles thereofshall be against irrevocable letter of credit, payment of cash ondelivery basis, Documents Against Acceptance (DA) basis oradvance payment in foreign exchange.

Port of Export 4A.12 Exports under schemes of gold /silver/platinum jewellery andarticles thereof shall be allowed by airfreight and Foreign Post

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Office through the Customs House at Mumbai, Calcutta, Chennai,Cochin, Delhi, Jaipur, Bangalore, Kochi, Coimbatore,Ahmedabad, Dabolin Airport, Goa, Hyderabad and Surat (SuratHira Bourse). Export by courier shall also be allowed throughCustom Houses at Mumbai, Calcutta, Chennai, Cochin,Coimbatore, Delhi, Jaipur, Bangalore, Ahmedabad andHyderabad upto FOB value of Rs.20 lakhs per consignment.

Export by Post 4A.13 Policy for export of gems and jewellery parcel by post is inparagraph 4A.17 of FTP. At the time of exports, exporter shallsubmit following documents:

(i) Shipping bills or invoice presented at foreign Post Office;

(ii) Certificate from nominated agencies indicating price atwhich gold/ silver/platinum was booked or given onoutright sale basis or loan basis;

(iii) Three copies of invoice.

4A.14 Deleted

Export Against 4A.15 Before clearance of each consignment of import supplied by foreignSupply By buyer, nominated agency shall execute a bond with Customs,Foreign Buyer undertaking to export within stipulated period in contract, gold/

silver/platinum jewellery or articles equivalent to entire importquantity of gold/silver/platinum, mountings and findings etcexcluding admissible wastage.

In case of direct supply of gold /silver / platinum, alloys, findingsand mountings of gold / silver / platinum and plain semi-finishedgold / silver / platinum jewellery to status holder / exporter, StatusHolder/exporter shall furnish a Bank Guarantee / LUT, as perCustoms Rules and regualtions to Customs, equivalent to CustomsDuty leviable on imported gold / silver / platinum, alloys, findingsand mountings of gold / silver / platinum and plain semi-finishedgold/ silver / platinum jewellery etc.

BG / LUT, executed with Customs shall be valid for one year. Incase of direct supply to Status Holder / exporter, exports shall becompleted within 90 days. In case of non-fulfillment of EO / non-achievement of stipulated value addition, Customs Departmentshall proceed to recover custom duty alongwith interest whichmay include enforcement of BG /LUT. Besides importer will beliable to penal action under Customs Act

4A.15.1 Nominated agency / Status Holder / exporter shall be liable topay customs duty leviable on that quantity which is proved tohave been not exported.

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4A.15.2 Goods shall be cleared through Customs by nominated agencyStatus Holder / exporter. Even where export order is received byan Associate, goods shall be cleared through Customs bynominated agency only and not Associate. Associate shall, in suchcases, authorise nominated agency to act as its agent to file Bill ofEntry and shipping bill.

4A.15.3 At time of export, shipping bill presented to Customs shall alsocontain the following:

(i) Name and address of associate / Status Holder / exporter;

(ii) An endorsement by nominated agency that export is madeagainst an order received by concerned associate, its dateof registration with nominated agency. In case of exportsby Status Holder / exporter, a Self Declaration shall beprovided to this effect;

(iii) Name of Customs House through which gold / silver /platinum / plain semi-finished gold / silver / platinumjewellery was imported and corresponding Bill of EntryNo. and date and date of import.

4A.15.4 Each shipping bill shall be valid for exports only through CustomsHouse located at the place where office of nominated agency /Status Holder / exporter concerned is situated. It shall be validfor shipment for a period of seven days including the date onwhich endorsement was made by nominated agency in case ofexports through nominated agency. If exports cannot be madewithin this period, exporter shall file a fresh shipping bill.

4A.15.5 At the time of export, exporter shall submit following documents:

(i) Shipping bill with two extra copies where exports are madefrom a Customs House other than Customs House throughwhich corresponding import of gold / silver / platinum /plain semi-finished gold / silver / platinum jewellery waseffected. In other cases, shipping bill with an extra copy;

(ii) Three copies of invoice;

(iii) Certificate from nominated agency indicating quantity andvalue of items supplied by foreign buyer.

4A.15.6 Customs authorities shall return two copies of shipping bill andconnected invoice duly attested. One copy shall be sent to personwho presented documents and the other copy shall be sent byCustoms to office of nominated agency / Status holder / exporter.

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4A.15.7 In case of exports through nominated agency, exporter shall submitproof of exports to nominated agency within 15 days of exports,who shall, after verifying documents, release admissible quantityof the gold / silver / platinum etc. to exporter.

4A.15.8 Exporter may also obtain, in advance, gold / silver / platinum etc.supplied by foreign buyer, by furnishing a BG / LUT for anamount equal to international price of such items plus customsduty payable thereon. BG / LUT shall be redeemed only whenthe exporter has furnished proof of exports to nominated agencyand accounted for the use of items supplied in advance in exportproduct.

4A.15.9 For redemption of bond / BG / LUT executed with Customs,nominated agency / Status Holder / exporter shall furnish astatement indicating items, its quantity and value supplied by foreignbuyer, corresponding Bill of Entry number and date, number ofeach of shipping bills against which corresponding exports wasmade.

Maintenance of Accounts 4A.16 Nominated agency shall maintain complete account, consignment-wise, of the gold, silver, platinum, mountings, findings / plain semi-finished gold / silver / platinum jewellery etc. imported for executionof each export order, exports effected and quantity of gold, silver,platinum mountings, findings etc. released against such exports.For direct exports, similar accounts shall also be maintained byStatus Holder. Such accounts shall be maintained for a minimumperiod of three years from date of exports.

Export Through 4A.17 Nominated agencies shall produce to Customs Authorities, letterExhibitions / in original or its certified copy, containing Government’s approvalExport Promotion for holding exhibition /export of branded jewellery. Any otherTours / Export of person shall produce to Asst. Commissioner Customs, letter inBranded Jewellery original or its certified copy containing GJEPC’s approval for

holding exhibitions / export promotion tour/export of brandedjewellery.

In case of re-import, such items, on arrival, shall be verifiedalongwith export documents before clearance.

4A.18 (a) Exports under this scheme shall be subject to followingconditions for following modes of export:

(i) Export of Gems and Jewellery for holding /participating in overseas exhibition.

Exports under this scheme shall be subject to thefollowing conditions:

Items not sold abroad shall be re-imported within

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60 days of close of exhibition. However in caseexporter is participating in more than one exhibitionwithin 45 days of close of first exhibition, then 60days shall be counted from date of close of lastexhibition. In case of personal carriage of gems andjewellery for holding / participating in overseasexhibitions, value of such gems and jewellery shallnot exceed US $ 2 million. Gold/ silver/ platinumcontent on items sold in such exhibitions may beimported as replenishment.

Exporter shall take replenishment, from nominatedagency, within 120 days from the close of theexhibition, gold / silver / platinum for replenishmentcontent against items sold abroad in exhibition.

(ii) Personal Carriage of gems & jewellery or exportthrough airfreight / post parcel route for ExportPromotion Tours / photo shoots / fashion showsoverseas.

Personal carriage / export through airfreight / postparcel route of gold / silver / platinum jewellery, cutand polished diamonds, precious, semi-preciousstones, beads and articles as samples upto US$100,000 for export promotion tours / photo shoots/fashion shows and temporary display / sale abroadis also permitted with approval of Gem & JewelleryEPC subject to the condition that promoter wouldbring back jewellery / goods or repatriate saleproceeds within 45 days from date of departurethrough normal banking channel. In case of personalcarriage for export promotion tours, exporter shalldeclare personal carriage of such samples toCustoms while leaving country, and obtain necessaryendorsement on Export Certificate issued byJewellery Appraiser of Customs. In such cases,exporter shall book with nominated agency, within120 days after export promotion tour or expiry ofstipulated period of 45 days, whichever is earlier,gold/silver/platinum for replenishment content againstitems sold abroad.

(iii) Export of branded jewellery.

Export of branded jewellery is also permitted withapproval of Gem & Jewellery EPC for display /sale in permitted shops set up abroad or inshowroom of their distributors/ agents. Items not

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sold abroad within 365 days shall be re-imported.Exporter shall book with nominated agency within120 days after the end of stipulated period of 365days, gold/silver/platinum for replenishment contentagainst items sold abroad.

(b) Following documents shall be submitted for claiming suchreplenishment:

(i) Customs attested invoice;

(ii) Copy of the approval letter issued by Government/GJEPC;

(iii) Certificate from nominated agency / GJEPC as inAppendix-22F.

(c) In case of exhibitions organised by nominated agencies,gold / silver / platinum shall be imported as replenishmentby nominated agencies within 60 days from close ofexhibition.

4A.19 Nominated agencies shall maintain a complete account of exportsmade, goods sold abroad, goods re-imported, and metalspurchased abroad and imported into India. Such account shall bemaintained for a minimum period of three years from date of closeof exhibition.

Export Against 4A.20 Exporter may obtain gold / silver / platinum on following basis:-Supply By NominatedAgencies (i) Replenishment basis after completion of exports;

(ii) Outright purchase basis in advance;

(iii) Loan basis.

Replenishment Basis 4A.21 Exporter may apply to nominated agency for booking of preciousmetal gold / silver / platinum. Quantity of precious metal bookedwith nominated agency shall be equivalent to precious metal contentin the export product and admissible wastage.

4A.21.1 Applicant shall at the time of booking, deposit an earnest moneyfor a minimum amount of 20% of notional price of precious metal,which shall be adjusted at actual sale.

4A.21.2 Exporter may also export jewellery on a notional rate based oncertificate provided by Bank. Exporter must fix price within creditterms allowed to buyer, and realise proceeds within the due dateof the credit terms or 180 days, whichever is earlier. Exporterexporting on a notional basis under Replenishment Scheme mustbook the same quantity of gold with Nominated Agency on same

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rate that he may have booked with buyer. Nominated agenciesshall purchase precious metal on behalf of exporter at the rate sofixed and thereafter issue a purchase certificate bearing a serialnumber to exporter indicating quantity of gold / silver / platinumand CIF value, in dollars including the Rupee equivalent. Priceshall be actual price at which gold / silver / platinum is purchasedby nominated agencies, plus permitted service charges levied bynominated agencies shall be included with the price of gold /silver / platinum for value addition. Duplicate and triplicatecopies of exporter’s application, together with copies of purchasecertificate for exporter shall be sent by nominated agencies toconcerned Custom House, as well as to the negotiating bank,who will confirm realization at which gold has been purchased.Exporter exporting under notional rate will get replenishment onlyafter proceeds are realised.

4A.21.3 Exports shall be effected within a period of 120 days from date ofbooking and drawal of precious metal shall be completed within aperiod of 150 days from date of booking, or within 30 days fromdate of export, whichever is later.

Outright Purchase 4A.22 Exporter may obtain required quantity of precious metal in advanceBasis in Advance on outright purchase basis subject to furnishing of BG / LUT to

nominated agencies, for an amount as may be prescribed bynominated agency. On failure to effect exports within periodprescribed, the nominated agencies shall enforce BG / LUT, asthe case may be.

4A.22.1 Exports shall be effected within a maximum period of 90 daysfrom date of outright purchase of precious metal.

Loan Basis 4A.23 Exporter may obtain required quantity of precious metal on loanbasis subject to furnishing of BG / LUT, for customs duty tonominated agencies, for an amount as may be prescribed bynominated agencies. On failure to effect exports within periodprescribed, the nominated agencies shall enforce the BG / LUT.

4A.23.1 Exporter has to pay interest on gold taken on loan basis at therate as may be specified.

4A.23.2 Export has to be completed within a maximum period of 90 daysfrom date of release of gold on loan basis. No extension forfulfillment of EO shall be allowed.

4A.23.3 Exporter shall be permitted to export jewellery on the basis of anotional rate certificate to be issued by nominated agency / GJEPC.This rate will be based on prevailing Gold/USD rate and the USD/INR rate in notional rate certificate. Certificate issued by nominated

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agency / GJEPC should not be older than 7 working days of dateof shipment.

Value addition will have to be achieved on rate as may be gotfixed with buyer and Nominated Agency.

Exporter shall have flexibility to fix the price and repay Gold Loanwithin 180 days from date of export. This price shall becommunicated to nominated agencies who will issue a certificateshowing final confirmation of the rate to the bank negotiatingdocuments, to ensure export proceeds are realized at this rate.

4A.24 Nominated agencies may accept payment in dollars towards costof import of precious metal from EEFC account of exporter.

Exports against 4A.25 Procedure applicable to Advance Authorisations under ChapterAdvance Authorisation 4 of HBP v1 shall generally apply to this scheme except norms for

value addition, EO period and regularization of default.

4A.25.1 EO will be required to be fulfilled within 120 days from date ofimport of each consignment against Authorisation. However EOperiod shall be 180 days from date of import of findings, mountingsmade of gold, platinum and silver and export of jewellery. Nofurther extension in EO period will be allowed. AdvanceAuthorisation holder may also import gold as replenishment aftercompletion of exports.

4A.25.2 Advance Authorisation holder may obtain gold / silver / platinumfrom nominated agencies in lieu of direct imports. In such a case,nominated agency shall make, both exchange control copy andcustoms purpose copy of Authorisation invalid for direct imports.

Diamond Imprest 4A.26 Deleted.Authorisation

Application 4A.26.1 Deleted.

Export Obligation 4A.26.2 Deleted.

Regularistion of 4A.27 Cases of bonafide default in fulfillment of EO by an exporter whoBonafide Default has obtained precious metals from nominated agencies may be

regularised provided exporter has paid customs duty alongwithinterest thereon as notified to Customs. However, in case ofAdvance Authorisation, the provisions as given in paragraph 4.28above shall apply. This shall be without prejudice to any actionthat may be taken against exporter under FT(D&R) Act, Orderor Rules issued thereunder’.

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Replenishment 4A.28 A Replenishment Authorisation for duty free import of consumables,Authorisation for tools, machinery and equipments (as notified by Customs)Import of for Jewellery made out of precious metals (other than Gold &Consumables etc. Platinum) equal to 2% and for Cut and Polished Diamonds and

Jewellery made out of Gold and Platinum equal to 1% of FOBvalue of exports of the preceding year, may be issued on productionof Chartered Accountant’s Certificate indicating the exportperformance. However, in case of Rhodium finished Silverjewellery, entitlement will be 3% of FOB value of exports ofsuch jewellery. This Authorisation shall be non-transferable andsubject to actual user condition.

Personal Carriage of 4A.29 Personal Carriage of gems & jewellery parcels by Foreign BoundGems & Jewellery Passengers from all EOU / SEZ units and all firms in DTA, throughExport Parcels Airports in Delhi, Mumbai, Kolkata, Chennai, Cochin,

Coimbatore, Bangalore, Hyderabad, Jaipur is permitted.Procedure for Personal Carriage of exports shall be as prescribedby Customs. Export proceeds shall, however, be realised throughnormal banking channel. For claiming Replenishment in case ofPersonal Carriage of Exports by Foreign Bound passenger,documents shall be same as mentioned under paragraph 4A.21.2above. Authorised Courier Companies are also permitted tooperate on the above lines.

Personal Carriage of 4A.30 Personal carriage of gems & jewellery import parcels by an IndianGems & Jewellery importer / Foreign National may be permitted into all EOUs /Import Parcels SEZ units and all firms in DTA through airports in Delhi, Mumbai,

Kolkata, Chennai, Bangalore, Hyderabad, Jaipur. Procedure willbe same as for import of goods by air-freight, except that parcelsshall be brought to Customs by Importer / Foreign National forexamination and release. Clearance of imports under this schemeshall be as per normal customs clearance procedure.

Duty free import 4A.31 Duty free import of gems and jewellery samples upto Rs 3 lakhsof samples or 0.25% of the average of last three years export turnover of

gems and jewellery items, whichever is lower, shall be allowed ina financial year as per of Customs notification.

Re-import of 4A.32 An exporter of plain/ studded precious metal jewellery shall berejected jewellery allowed to re-import duty free jewellery rejected and returned by

buyer upto 2% of FOB value of exports in preceding licencingyear (based on CA certified copy of export of preceding year)with refund of any duty exemption/refund/replenishment benefitavailed on inputs used, as per customs rules and regulations.

4A.32.1 Deleted.

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Diamond & Jewellery 4A.33 Policy for Diamond and Jewellery Dollar Accounts is given inDollar Accounts paragraph 4A.19 of FTP. Detailed procedure for its operation

will be notified separately.

Import of precious 4A.34 Policy for Import of precious metal scrap/used jewellery for meltingmetal scrap/used and re-export of jewellery is given in paragraph 4A.21 of FTP.jewellery for melting Procedure is laid as under:and re-export of jewellery

Imported precious metal scrap / used jewellery shall be allowedto be cleared by Customs subject to the condition:

a) that importer files a bond along with Bank Guarantee fora sum equivalent to one and half times customs dutyleviable on said used jewellery/precious metal scrap;

b) importer fulfils the export obligation and value addition asnotified by Central Government;

c) such import will not be allowed through Hand Baggage.

Detailed procedure including value addition requirementand export obligation etc. for operationalisation of thefacility under this paragraph shall be notified separatelyby DGFT.

Export of Diamond, 4A.35 Policy for export of diamond, gemstone and jewellery onGemstone & Jewellery consignment basis is given in paragraph 4A.23 of FTP.on consignment basis

Detailed procedure in this regard shall be governed as per therelevant Customs Rules & Regulations. Re-import of these items(either in complete or partial lot) exported on consignment basisshall be subject to condition that exporter follows prescribedprovisions of relevant customs notification to establish that goodsare the same which were exported.

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CHAPTER-5

EXPORT PROMOTION CAPITAL GOODS ( EPCG) SCHEME

Policy 5.1 Policy relating to EPCG Scheme is given in Chapter 5 of FTP.

Application Form 5.2 An application for grant of an authorization, upto Rs.50 Crore ofduty saved amount may be made to RA concerned in ANF 5Aalong with documents prescribed therein.

Consideration of 5.3 For cases wherein duty saved amount is above Rs. 50 crores,Applications applicant may apply to DGFT Headquarters directly with a copy

endorsed to concerned RA. In such cases, concerned RAs willissue EPCG authorisation according to directions from DGFT.

5.3.1 RA concerned shall, on the basis of nexus certificate from anIndependent Chartered Engineer (CEC) submitted by the applicantin Appendix 32A, issue EPCG authorization and thereafterforward a copy of the EPCG authorization to the concernedJurisdictional Central Excise Authority.

5.3.2 Authorisation holder shall produce to the concerned RA acertificate from the Jurisdictional Central Excise Authority,confirming installation of Capital Goods at factory premises ofauthorization holder or his supporting manufacturer(s) /vendor(s)within six months from date of completion of import.

In the case of import of spares, the installation certificate shall besubmitted by the Authorisation holder within a period of threeyears from the date of import.

However, in case of units not registered with Central ExciseAuthorities, the Authorisation holder shall produce to the concernedR.A, a certificate from an independent Chartered Engineerconfirming the said installation of Capital goods / spares.

5.3.3 EPCG authorization shall be issued with a single port of registrationmentioned in paragraph 4.19 of HBP v1 for imports. However,exports can be made from any port specified in paragraph 4.19.

5.3.4 (i) An applicant may also apply for import of spares, tools,spare refractories and catalyst as are required forinstallation and maintenance of capital Goods.

Application shall contain list of plant / machinery installedin factory / premises of applicant for which spares, tools,spare refractories and catalyst are required, duly certifiedby Chartered Engineer or Jurisdictional Central Exciseauthorities.

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In such cases EPCG authorization shall not specify list ofspares but shall indicate:-

(a) Name of plant/machinery for which spares arerequired.

(b) Value of duty saved allowed under the authorization.

(c) Description of product to be exported with valueof export obligation as per FTP.

(ii) Deleted

(iii) Further, at time of final redemption of export obligation,authorization holder shall submit certificate fromIndependent Chartered Engineer confirming use of sparestools, spare refractories and catalyst so imported in theinstalled capital goods on the basis of stock & consumptionregister maintained by authorization holder.

EPCG Scheme to 5.4 An EOU/a relocated SEZ unit after conversion to DTA Unit, mayresultant DTA Unit apply for an EPCG authorization in ANF alongwith documentsfrom conversion of prescribed therein. “No Objection Certificate” should be producedEOU / Relocated SEZ Units from concerned Development Commissioner.

Indigenous Sourcing 5.5 EPCG authorization holder intending to source capital goodsof Capital Goods indigenously, either alongwith application or after issuance of EPCG

authorisation, shall request to RA for invalidation of EPCGauthorization for direct import / issue of ARO, alongwith nameand address of source person of the capital goods.

5.5.1 RA concerned will issue such invalidation letter / ARO, in duplicate.

5.5.2 Indigenous manufacturer intending to supply capital goods toEPCG authorization holder may apply to RA in ANF for issuanceof Advance authorization for import of inputs including componentsrequired for manufacture of capital goods to be supplied to EPCGauthorization holder.

5.5.3 Deleted

Leasing of Capital Goods 5.6 An EPCG authorization holder may, source capital goods from adomestic leasing company. In such cases, the Bill of Entry ofimported capital goods or commercial invoice of indigenous capitalgoods, shall be signed jointly by EPCG authorization holder andleasing company. However, EPCG authorization holder shall alonebe fully responsible for fulfillment of export obligation.

Condition for Fulfilment 5.7 In addition to conditions mentioned in paragraph 5.4 of FTPof Export Obligation following conditions shall also be applicable for fulfillment of export

obligation.

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5.7.1 EPCG authorisation holder shall export either directly or throughthird party(s). If a merchant exporter is EPCG authorisation holder,name of supporting manufacturer shall also be indicated on shippingbills. At the time of export, EPCG authorisation No. and dateshall be endorsed on shipping bills which are proposed to bepresented towards discharge of export obligation.

5.7.2 Export proceeds shall be realised in freely convertible currencyexcept for deemed exports. Exports to SEZ Units/Supplies todevelopers/Co-developers, irrespective of currency of realizationwould also be counted for discharge of Export obligation.

5.7.3 Deleted.

5.7.3.1 Supplies made to Oil and Gas sector also may be counted towardsdischarge of export obligation against an EPCG Authorisationprovided it has been issued on or before 31.3.2000 and no benefitunder paragraph 8.3 of FTP has been claimed on such supplies.

5.7.4 Exports made to former USSR, or to such countries as notifiedby DGFT, shall not be counted for fixing average level of exports.

Additional Export Obligation (over and above indicated average)for all previous EPCG Licenses, which have not been redeemed,will be indicated separately.

5.7.5 Exports under EPCG scheme shall also be entitled for benefitsunder Chapter 4 of FTP.

5.7.6 In case of export of goods relating to handicraft, handlooms,cottage, tiny sector, agriculture, aqua-culture, animal husbandry,floriculture, horticulture, pisciculture, viticulture, poultryand sericulture, shall not be required to maintain average level ofexports.

Goods, excepting tools imported under EPCG scheme by suchsectors, shall not be allowed to be transferred for a period of fiveyears from date of imports even in cases where export obligationhas been fulfilled. Transfer of capital goods would be permittedwithin the group companies, after fulfillment of EO but before fiveyears from the date of imports, under intimation to RA andjurisdictional Central Excise Authority.

5.7.7 Deleted

5.7.8 Deleted

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5.8 The Authorisation holder under the EPCG scheme shall fulfill theexport obligation over the specified period in the followingproportions:

Period from the date of Minimum export obligationissue of Authorisation to be fulfilled

Block of 1st to 6th year 50%

Block of 7th and 8th year 50%

5.8.1 In respect of Authorisations, on which the value of duty saved isRs.100 crore or more, the export obligation shall be fulfilled overa period of 12 years in the following proportion:-

Period from the date of Minimum export obligationissue of Authorisation to be fulfilled

Block of 1st to 10th year 50%

Block of 11th and 12th year 50%

5.8.2 However, the export obligation of a particular block of year maybe set off by the excess exports made in the preceding blockyear. The Authorisation holder would intimate the regional authorityon the fulfillment of the export obligation, as well as averageexports, within three months of completion of the block, by securedelectronic filing using digital signatures.

5.8.3 Where export obligation of any particular block of years is notfulfilled in terms of the above proportions, except in such caseswhere the export obligation prescribed for a particular block ofyears is extended by the Regional Authority for authorizations uptoRs.50 crores, and by DGFT for other cases, subject to paymentof composition fee of 2% on duty saved amount equal to unfulfilledportion of EO, such Authorisation holder shall, within 3 monthsfrom the expiry of the block of years, pay duties of customs (alongwith applicable interest as notified by DoR) of an amount equal tothat proportion of the duty leviable on the goods which bears thesame proportion as the unfulfilled portion of the export obligationbears to the total export obligation.

5.8.4 EPCG Authorisations issued upto 31.3.2000 shall be governedby provisions laid down in paragraph 6.11 in HBP v1 (RE-99).Notwithstanding the same in HBP v1 (RE-99), authorisation holdershall not have to surrender Special Import licence in case of valuewise shortfall.

Authorisations issued from 1st April, 2000 upto 31st March, 2002shall be governed by provisions of Chapter 6 of HBP v1 (RE-01)as amended from time to time.

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Authorisations issued from 1st April, 2002 upto 31st August, 2004shall be governed by provisions of para 5.8 of HBP v1 (RE-02)as amended from time to time.

5.8.5 Deleted

5.8.6 Deleted.

Monitoring of 5.9.1 Authorization holder shall submit to RA concerned by 30th AprilExport Obligation of every year, report on fulfillment of export obligation. Such report

shall also be submitted electronically on DGFT website. RAconcerned may issue partial EO fulfillment certificate, providedexport performance is proportionately adequate to fulfillment ofexport obligation.

Automatic Reduction/ 5.10 If authorization issued has actually been utilized for import of aEnhancement upto 10% value in excess, upto 10% of CIF value / duty saved amount ofof CIF value and Prorata authorization, authorization shall be deemed to have beenReduction/ Enhancement enhanced by that proportion. Customs shall automatically allowin Export Obligation clearance of goods in excess, upto 10% of authorization value /

duty saved amount, without endorsement by concerned RA.

In such cases, authorization holder shall furnish additional fee tocover excess imports effected, in terms of CIF value / duty savedamount, to RA concerned, within one month of excess importstaking place. Export obligation shall automatically stand enhancedproportionately.

In case of utilization being more than 10%, concerned RA as pertheir financial powers, may endorse as per extant provisions.Authorisation holder shall furnish additional BG/ LUT to thecustoms authority.

5.10.1 Similarly, if EPCG authorization holder has utilised authorizationless than the value earmarked in authorization, his export obligationshall stand reduced on prorata basis with reference to actualutilisation of authorization.

Extension of Export 5.11 Concerned RA, may consider one or more request for grant ofObligation Period extension in export obligation period, on payment of composition

fee of 2% of total duty saved under authorization or anenhancement in export obligation imposed to the extent of 10%of total export obligation imposed under authorization, as the casemay be, at the choice of exporter, for each year of extension sought.Such extension can be for a maximum period of 2 years.

Extension in EO period beyond two years’ period available above,may be considered, for a further extension upto 2 years with acondition that 50% of duty payable in proportion to the unfulfilled

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export obligation is paid by authorization holder to Customauthorities before an endorsement of extension is made on EPCGauthorization by RA concerned. In such cases, no compositionfee is to be paid or additional EO is to be imposed as prescribedin the Para above. In case the firm is still not able to complete theexport obligation, duty already deposited will be deducted fromtotal duty plus interest to be paid for EO default.

Extension in export obligation period shall also be subject to suchterms and conditions as may be prescribed by competent authority.

5.11.1 The firm / company, which is applying for registration with BIFR/Rehabilitation Department of State Government, shall also intimateDGFT with regard to relief sought for EPCG authorization, if any,within 30 days of receipt of application by agency concerned.

DGFT, thereafter shall take up the matter with agency concernedto safeguard government interest on account of default in fulfillmentof export obligation imposed on EPCG authorization obtained bysuch firm/companies.

DGFT may consider such application for grant of period ofextension upto 12 years, or as per rehabilitation package preparedby operating agency and approved by BIFR board / state authority.

5.11.2 Waiver of EO may be considered where, because of force majeureor other unforeseen circumstances / reasons which are beyondthe control of the exporters (like steep fall in international prices,technological obsolescence etc.), and the exporter is unable tofulfill export obligation. Such requests shall be considered by acommittee comprising representative(s) of DoC and DoR underDGFT. Decision of this committee shall be notified by DoR forimplementation.

5.11.3 To provide relief to exporters of those sectors where total exportsin that sector / product group has declined by more than 5%,average export obligation for 2007-08 may be reducedproportionate to reduction in exports of that particular sector /product groups during 2007-08 as against 2006-07.

The sectors / product groups for which this relaxation is to beallowed shall be conveyed by the DGFT to all the RAs withinthree months of the end of the previous financial year, and theRAs shall re-fix the EO for previous year accordingly, for exportersin that sector / product group.

Export Obligation Shortfall 5.12 RA concerned may condone shortfall upto 5% in export obligationarising out of duty saved amount.

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Redemption 5.13 As evidence of fulfillment of export obligation, authorization holdershall furnish application in ANF 5B with documents prescribedtherein.

(a) to (c). Deleted.

On being satisfied, RA concerned shall issue a certificate ofdischarge of export obligation to the EPCG authorization holderand send a copy to customs authorities with whom BG/LUT hasbeen executed.

RA shall ensure disposal of such applications within 30 days.Shortcomings, if any, shall be pointed out in one go. Allcorrespondence, thereafter, shall relate to these deficiencies only.Fresh correspondence, if necessary, shall be within 15 days. Oncedocuments are complete EO will be discharged within 30 days ofreceipt of complete documents/information.

Process of issue of final discharge certificate/rejection shall becompleted within a period of 90 days from date of receipt ofinitial request. Applications that remain outstanding beyond aperiod of 90 days shall be reported to DGFT alongwith reasonsthereof, immediately thereafter.

Regularisation of 5.14 In case, EPCG authorization holder fails to fulfill prescribed exportBonafide Default obligation, he shall pay duties of Customs plus interest as

prescribed by Customs authority. Such facilities can be availedby EPCG authorisation holder to exit at his option.

Maintenance of Records 5.15 Every EPCG authorization holder shall maintain, for a period of 3years from date of redemption, a true and proper account ofexports/supplies made and services rendered towards fulfillmentof export obligation.

Re-Export of Capital 5.16 Capital Goods imported under EPCG scheme, which are foundGoods Imported defective or unfit for use, may be re-exported back to foreignUnder EPCG Scheme supplier within three years from the date of payment of duty on

importation thereof, with permission of RA / Customs Authority.Consequently, EO would be refixed.

Replacement of 5.16.1 Capital Goods imported and found defective or otherwise unfitCapital Goods for use may be exported, and Capital Goods in replacement

thereof be imported under EPCG scheme. In such cases, whileallowing export, the Customs shall credit the duty benefit availedwhich can be debited again at the time of import of such replacedCapital Goods.

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Penal Action 5.17 In case of failure to fulfill export obligation or any other conditionof authorization, authorization holder shall be liable for action underFT (D&R) Act, 1992, Orders and Rules made there under,provisions of FTP and Customs Act, 1962.

Clubbing of EPCG 5.18 Clubbing of two or more EPCG authorizations of same authorizationauthorizations holder would be permitted.

5.18.1 Deleted

5.18.2 An application for clubbing can be made only to RA concerned inANF 5D. Clubbing shall not be permitted in case authorisationsare issued by different RAs.

(a) Deleted.

(b) Deleted.

(c) Deleted.

5.18.3 Total export obligation would be refixed taking into account totalof duty saved or total of CIF value of imports.

5.18.4 On clubbing, authorizations for all purposes shall be deemed tobe a single EPCG authorization. Export obligation period forclubbed authorization shall be reckoned from first authorizationissue-date. However, in cases where clubbed CIF/duty savedvalue exceeds Rs 100 crore, no corresponding benefit of increasein export obligation period shall be admissible.

5.18.5 Average export obligation for clubbed authorizations would behighest of average export obligations endorsed on individualauthorizations so clubbed.

5.18.6 No clubbing would be permitted after expiry of EOP.

5.18.7 The aforesaid provisions for Clubbing of EPCG Authorisationsshall be applicable for authorizations issued on or after 1-4-2007.However, EPCG authorizations issued prior to 1-4-07 shall begoverned by provisions contained in Chapter 5 of HBP v1 (RE -2006).

Refixation of Export 5.19 (a) EPCG authorization holder can apply for refixation of exportObligation upon obligation as given in para 5.4 (i) of FTP in ANF 5C.conversion from CIFbased to duty based EO (b) Deleted.

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(c) For all EPCG authorizations, authorization holder shouldhave fulfilled mandated (original or amended) block wiseexport obligation, till previous block to application date.In all such cases, refixed export obligation would becomputed as under:

(% export obligation unfulfilled) x (8) x (duty saved onauthorization issue-date )

(d) Deleted

(e) There would be no change in average export obligationfixed or export obligation period of original authorization.

(f) Deleted

Technological 5.20 Application for technological upgradation of the capital goodsUpgradation of would be made in ANF 5A.Capital Goods

Import of Refurbished/ 5.21 Import of refurbished spares shall be permitted under EPCGReconditioned Scheme.Spares and Tools

However such refurbished / reconditioned spares must have aresidual life not less than 80% of life of original spare, which wouldbe certified by EPCG authorization holder.

The tools imported under EPCG Scheme may be transferred toany of units or group companies of applicant.

5.22 Revalidation of authorizations issued under EPCG scheme shallnot be allowed.

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CHAPTER-6

EXPORT ORIENTED UNITS (EOUs), ELECTRONICS HARDWARETECHNOLOGY PARKS (EHTPs), SOFTWARE TECHNOLOGY PARKS

(STPs) SCHEME AND BIO-TECHNOLOGY PARKS(BTPs)

Scheme 6.1 Policy relating to EOUs, EHTPs, STPs and BTPs Schemes isgiven in Chapter 6 of FTP.

6.2 Deleted

Approval / Application 6.3.1 For setting up an EOU, three copies of application as in Appendixand renewal of 14-I-A may be submitted to Development Commissioner (DC).Application

6.3.2 Applications for setting up units under EOU scheme other thanproposals for setting up of unit in service sector (except R&D,software and IT enabled services, or any other service activity asmay be delegated by BoA), shall be approved or rejected byUnits Approval Committee within 15 days, as per criteria indicatedin Appendix 14-I-B and sector specific conditions relating toapproval as in Appendix 14-I-C. In other cases, approval maybe granted by DC after clearance by Board of Approval (BoA).

6.3.3 Proposals for setting up EOU requiring industrial licence may begranted approval by DC after clearance of proposal by BoA (asper Appendix 14-I-D) and Department of Industrial Policy andPromotion (DIPP) within 45 days on merits.

6.3.4.1 STP / EHTP complexes can be set up by Central Government,State Government, Public or Private Sector Undertakings or anycombination thereof, duly approved by Inter-Ministerial StandingCommittee (IMSC) in Ministry of Communication and InformationTechnology (Department of Information Technology).Application for setting up EHTP / STP unit shall be in formatprescribed by Ministry of Communication and InformationTechnology (Department of Information Technology - DoIT) andshall be submitted to officer designated by DoIT.

6.3.4.2 BTP can be set up by Central Government, State Government,Public or Private Sector Undertakings or any combination thereof.Application for setting up of BTP shall be submitted to Departmentof Bio-Technology (DoBT) and such applications which meetguidelines prescribed by DoBT will be approved andrecommended to DGFT for notification. Application for settingup of BTP unit shall be submitted to Officer designated by DoBT.

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6.3.6 LoP / LoI shall specify item(s) of manufacture / service activity,annual capacity, projected annual export for first five years in dollarterms, Net Foreign Exchange (NFE) earnings, limitations, if any,regarding sale of finished goods, by-products and rejects in DTAand such other matter as may be necessary and also impose suchconditions as may be required.

6.3.7 LoP / LoI issued to EOU / EHTP / STP / BTP units by concernedauthority would be construed as an authorization for all purposes.Standard format for LoP for EOU units is given in Appendix 14-I-E.

6.3.8 EOUs shall have separate earmarked premises for separate LoP.Similarly, EOUs may be approved on leased premises providedlease has been obtained from Government Department /Undertaking / Agency. However, in case lease is obtained fromprivate parties, it shall have a validity period of five years fromdate of LUT and DC shall satisfy himself of genuine nature oflease.

6.3.9 On completion of approval period as provided for in paragraph6.6 of FTP, it shall be open to unit to continue under scheme oropt out of scheme. If no intimation in this regard is received fromunit within a period of six months of expiry of approval period,DC will take action, suo moto, to cancel approval under EOUscheme and take further action in this regard. Where unit opts tocontinue, DC concerned will extend approval period.

Legal Undertaking 6.4.1 Approved EOU / EHTP / STP / BTP unit shall execute a LUT(LUT) with DC / Designated Officer concerned as in Appendix 14- I-F.

6.4.2 All EOU / EHTP / STP / BTP units should have permanent e-mailaddress. No LUT for new units shall be executed unless unit hasits permanent e-mail address and digital signature on said e-mailID. In event of an EOU not having permanent e-mail address anddigital signature, further imports and DTA sale shall not bepermitted by DC.

Export of goods 6.5.1 Software units may undertake exports using data communicationand services links or in form of physical exports (which may be through courier

service also), including export of professional services.

6.5.2 EOUs shall be permitted to export jewellery on basis of a notionalrate certificate issued by nominated agency. This rate will be basedon prevailing Gold / US$ rate and US$ / INR rate in notional ratecertificate. Certificate issued by nominated agency should not beolder than 3 working days of date of shipment.

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6.5.3 Exporter shall have flexibility to fix price and repay gold loan within180 days from date of export. Price shall be communicated tonominated agencies who will issue a certificate showing finalconfirmation of rate to bank negotiating document, to ensure exportproceeds are realized at this rate.

6.5.4 Gem & Jewellery and Jewellery EOUs may re-export importedgoods and export domestically procured goods, including goodsgenerated out of partial processing / manufacture. Besides, supplyof unsuitable / broken cut and polished diamonds, precious andsemi-precious stones upto 5% of value of imported or indigenouslyprocured goods to DTA against valid Gem & Jewellery REP asapplicable on payment of appropriate duty is also permitted.

Import / Domestic 6.6.1 Goods permitted to be imported / procured from DTA shall include:Procurement of Goods

(a) Raw materials, components, consumables, intermediates,spares and packing materials;

(b) Capital goods, whether new or second-hand, includinginter-alia following and their spares:

(i) DG sets, captive power plants, transformers andaccessories for all above.

(ii) Pollution control equipment.

(iii) Quality assurance equipment.

(iv) Material handling equipment, like fork lifts andoverhead cranes, mobile cranes, crawler cranes,hoists and stackers.

(v) Un-interrupted Power Supply System (UPS),Special racks for storage, storage systems, modularfurniture, computer furniture, anti-static carpet,teleconference equipment, Servo Control System,Air-conditioners / Airconditioning system, panel forelectricals and special data transmission cable.

(vi) Security Systems.

(vii) Tools, jigs, fixtures, gauges, moulds, dyes,instruments and accessories.

(c) Raw material for making capital goods for use within unit

(d) Others including:

(i) Prototypes and technical samples for existing

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product(s) and product diversification developmentor evaluation.

(ii) Drawings, blue prints, charts, microfilms andtechnical data.

(iii) Office equipment, including PABX, Fax machines,projection system, Computers, Laptop, Server.

(e) Spares and consumables for above items.

(f) Any other items not mentioned above with approval ofBoA.

6.6.2 EOUs may import plain / studded gold / platinum or silver jewelleryfor export after repairs / remaking.

Conditions of Import 6.7 Import of goods by EOU / EHTP / STP / BTP units shall besubject to following conditions:

(a) Goods shall be imported into EOU / EHTP / STP / BTPpremises. However, agriculture and allied sectors andgranite sector units in EOU may supply / transfer capitalgoods and inputs in farm / fields / quarries with priorintimation to jurisdictional Customs / Central Exciseauthorities, provided ownership of goods rests with EOUunits. Granite sector would also be allowed to take sparesupto 5% of value of Capital Goods to quarry site.

(b) Procedure as prescribed under Customs / Excise rulesfor EOUs and units in EHTP / STP / BTP will be followedand appropriate bond executed with Customs / Exciseauthorities

(c) Goods, except capital goods and spares, shall be utilizedby EOU / EHTP / STP / BTP units within a period ofthree years or as may be extended by Customs authorities.However, imported tea shall be utilized within a period of6 months from date of import. Similarly, export obligationagainst import of items {covered by Chapter 9 ofITC(HS)} and coconut oil shall be fulfilled within a periodof 90 days from the date on which first importconsignment is cleared by Customs Authorities.

However in case of import of spices for VA purpose likecrushing / grounding / sterlisation or for manufacture ofoils and oleoresins and not for simple cleaning, grading,re-packing etc., EO shall be fulfilled within 120 days.

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(d) Goods already imported / shipped / arrived before issueof LoP / LoI are also eligible for duty free clearance underEOU / EHTP / STP / BTP scheme, provided customsduty has not been paid and goods have not been clearedfrom Customs.

(e) Consumption of inputs by the EOU / EHTP / STP / BTPunit shall be based on the Standard Input Output Norms(SION) provided that:

(i) where no SION have been notified, generation ofwaste, scrap and remnants upto 2% of input quantityshall be allowed;

(ii) where additional items other than those given inSION are required as inputs or where generationof waste, scrap and remnants is beyond 2% of inputquantity, use of such inputs shall be allowed by thejurisdictional Development Commissioner within aperiod of three months from the date of and basedon self-declared norms, with the unit undertaking toadjust self-declared / ad-hoc norms in accordancewith norms as finally fixed by Norms Committee inDGFT;

(iii) in case of any difficulty in fixation of SION as above,Board of Approval, in consultation with NormsCommittee in DGFT, will decide on a case to casebasis.

Fax machines/ 6.8.1 EOU / EHTP / STP / BTP units may install one fax machine at alaptop computers place of its choice, outside premises of unit, subject to intimationoutside approved premises of its location to concerned Customs / Central Excise authorities.

6.8.2 EOU / EHTP / STP / BTP units may, temporarily take out ofpremises of unit, duty free laptop computers and video projectionsystems for working upon by authorized employees.

6.8.3 EOU / EHTP / STP / BTP units may install personal computersnot exceeding two in number, imported / procured duty free intheir registered / administrative office subject to DoR guidelines.

6.8.4 For IT and IT enabled services, persons authorized by softwareunits may access facility installed in EOU / EHTP / STP / BTP unitthrough communication links.

Leasing of Capital Goods 6.9 Value of imported capital goods financed through leasingcompanies or obtained free of cost and / or on loan / lease basisshall also be taken into account for purpose of calculation of NFEas defined in FTP.

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Net Foreign Exchange 6.10.1 EOU / EHTP / STP / BTP unit shall be a positive net foreign(NFE) Earnings exchange earner. Net Foreign Exchange (NFE) Earnings shall be

calculated cumulatively for a block of five years fromcommencement of production according to formula given below.Items of manufacture for export specified in Letter of Permission(LoP) / Letter of Intent (LoI) alone shall be taken into accountforcalculation of NFE.

Positive NFE = A – B> 0

Where

‘NFE’ is Net Foreign Exchange;

‘A’ is FOB value of exports by EOU/EHTP/STP/BTP unit;

‘B’is sum total of CIF value of all imported inputs and CIF valueof all imported capital goods, and value of all payments made inforeign exchange by way of commission, royalty, fees, dividends,interest on external borrowings / high sea sales during first fiveyear period or any other charges. It will also include paymentmade in Indian Rupees on high sea sales. “Inputs” mean rawmaterials, intermediates, components, consumables, parts andpacking materials.

6.10.2 If any goods are obtained from another EOU / EHTP / STP /SEZ / BTP unit, or procured from an international exhibition heldin India, or bonded warehouses or precious metals procured fromnominated agencies, value of such goods shall be includedunder ‘B’.

6.10.3 If any capital goods are imported duty free or leased from a leasingcompany, received free of cost and / or on loan basis or transfer,CIF value of capital goods shall be included pro-rata, under ‘B’for period it remains with units.

6.10.4 For annual calculation of NFE, value of imported capital goodsand lumpsum payment of foreign technical know-how fee shall beamortized as under:

1st – 10th year 10%.

Provided that above amortization rates would be applicable onlyif an undertaking is given by an unit that it will not exit to DTA inthe first 10 years. For existing units, proportionate Customs andexcise duty must be paid where NFE is less than depreciationalready claimed, before exit.

Maintenance of accounts 6.11.1 EOU / EHTP / STP / BTP unit shall maintain proper account, andshall file digitally signed quarterly and annual report as prescribed

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in Annexure to Appendix 14-I-F to DC / Designated Officer inDoIT / DoBT and Customs and Central Excise authorities.

6.11.2 Unit shall be able to account for entire quantity of each categoryof homogenous goods imported / procured duty free, by way ofexports, sales / supplies in DTA or transfer to other SEZ / EOU /EHTP / STP / BTP units and balance in stock. However, at nopoint of time, units shall be required to correlate every importconsignment with its exports, transfer to other SEZ / EOU /EHTP / STP / BTP units, sales in DTA and balance in stock. Anymatter for clarification as to whether goods are homogenous ornot shall be decided by Units Approval Committee.

Monitoring of NFE 6.12.1 Performance of EOUs shall be monitored by Units ApprovalCommittee as per guidelines given in Appendix 14-I-G.Performance of EHTP / STP / BTP shall be monitored by DoIT /DoBT jointly with jurisdictional Central Excise / Customsauthority.

6.12.2 Failure to ensure positive NFE or to abide by any of terms andconditions of LoP / LoI / IL / LUT shall render unit liable to penalaction under provisions of FT (D&R) Act, 1992 and Rules andOrders made there under, without prejudice to action under anyother law / rules and cancellation or revocation of LoP / LoI / IL.

Conversion of Scrap / 6.13 Scrap / dust / sweeping of gold / silver / platinum may be sent todust / sweeping of Gold / Government of India Mint / Private Mint from EOU / EHTP /silver / platinum into STP units and returned to them in standard bars in accordancestandard Bars with procedure prescribed by Customs authorities, or may be

permitted to be sold in DTA on payment of applicable customsduty, on basis of gold / silver / platinum content, as may be notifiedby Customs authorities.

DTA supplies 6.14 Notwithstanding provision of DTA sales in Para 6.8 of FTP, suchDTA sales shall not affect application, to any goods, of any otherprohibition or regulation affecting import thereof in force at thetime, when such goods are imported. This also does not conferany immunity, exemption or relaxation at any time from anycommitment or compliance with any requirements to whichimporter may be subject to under other laws or regulations.

Supplies to other 6.15 Supplies to other EOU / SEZ / EHTP / STP / BTP units shall beEOU/EHTP/STP/ counted towards NFE provided that such goods are permissibleSEZ/BTP units for procurement by these units.

Transfer of Power 6.16 Transfer of power from Captive Power plants (DG Sets) fromfrom one unit to another one unit of EOU / EHTP / STP / BTP to another is permitted as

prescribed in sector specific condition in Appendix 14-I-C.

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Supply of precious / 6.17 Supplier of precious and semi-precious stones, synthetic stonessemiprecious / Synthetic and processed pearls from DTA to EOUs shall be eligible for stones from DTA grant of Replenishment Authorisation at rates and for items

mentioned in HBP v1. Procedure for submission of applicationfor grant of Replenishment Authorisation as contained in relevantChapter of HBP v1 shall be applicable. However, application shallbe made to DC concerned. Such supplies to EOUs are not treatedas deemed exports for purpose of any of deemed export benefits.

Application for grant 6.18 Application for grant of all entitlements may be made to DCof entitlements concerned.

Export through other 6.19 An EOU / EHTP / STP / BTP unit may export goodsexporters manufactured / software developed by it through other exporter,

or any other EOU / EHTP / STP / SEZ / BTP unit, subject tocondition that:

(a) Goods shall be produced in EOU / EHTP / STP / BTPunit concerned.

(b) Level of NFE or any other conditions relating to importsand exports as prescribed shall continue to be dischargedby EOU / EHTP / STP unit concerned.

(c) Export orders so procured shall be executed withinparameters of EOU / EHTP / STP / BTP schemes andgoods shall be directly transferred from unit to port ofshipment.

(d) Fulfillment of NFE by EOU / EHTP / STP / BTP units inregard to such exports shall be reckoned on basis of priceat which goods are supplied by EOUs to other Exporteror other EOU / EHTP / STP / BTP / SEZ unit.

(e) All export entitlements, including recognition as StatusHolder would accrue to exporter in whose name foreignexchange earnings are realized. However, such export shallbe counted towards fulfillment of obligation under EOU /EHTP / STP / BTP scheme only.

Others Entitlements 6.20.1 FOB value of export of an EOU / EHTP / STP / BTP unit can beclubbed with FOB value of exports of its parent company in DTAor vice versa for purpose of according Export House and TradingHouse status.

6.20.2 Sectoral norms as notified by Government shall apply to FDI inservice activities.

6.20.3 Software units may also use computer system for training purpose

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(including commercial training), subject to condition that nocomputer terminal shall be installed outside bonded premises forthis purpose.

6.20.4 Export of iron ore shall be subject to decision of Government.Requirements of other conditions of exports like minimum exportprice / export in consumer pack etc. as per ITC(HS) shall applyin case raw materials are sourced from DTA and exported withoutfurther processing / manufacturing by EOU. Export of textile itemsshall be covered by bilateral agreements. Wood based units shallcomply with direction of Supreme Court contained in its orderdated 12.12.1996 in Writ (civil) No 202 of 1995-T.N.Godavarman Thirrumulppad v/s Union of India and otherswith WP(Civil) No 171 of 1996 in regard to use of timber / otherwood.

Sub-Contracting 6.21.1 Sub-contracting by EOU gems and jewellery units through otherEOUs, or SEZ Units, or units in DTA, shall be subject to followingconditions:-

(a) Goods, finished or semi finished, including studdedjewellery, taken out for sub- contracting shall be broughtback to unit within 90 days.

(b) No cut and polished diamonds, precious and semipreciousstones (except precious, semi-precious and syntheticstones having zero duty) shall be allowed to be taken outfor sub-contracting.

(c) Receive plain gold / silver / platinum jewellery fromDTA / EOU / SEZ units in exchange of equivalent quantityof gold / silver / platinum, as case may be, contained insaid jewellery.

(d) EOUs shall be eligible for wastage as applicable as perpara 4A.2 of HBP v1 for sub-contracting and againstexchange.

(e) DTA unit undertaking job work or supplying jewelleryagainst exchange of gold / silver / platinum shall not beentitled to deemed export benefits.

6.21.2 Facility of getting job work done from DTA unit will be availableeven when job worker is not registered with Central Exciseauthority, subject to condition that goods are brought back topremises of Unit on completion of job work.

6.21.3 Export of finished goods from job worker’s premises may bepermitted, provided such premises are registered with Central

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Excise authorities. Where job worker is SEZ / EOU / EHTP /STP / BTP unit, no such excise registration is required and exportmay be effected either from job worker’s premises or frompremises of unit. Export of such products from job worker’spremises shall not be allowed through third parties as provided inFTP.

6.21.4 EOUs may be permitted to remove moulds, jigs, tools, fixtures,tackles, instruments, hangers and patterns and drawings to premisesof sub-contractors, subject to conditions that these shall be broughtback to premises of units on completion of job work within astipulated period. Raw materials may or may not be sent alongwith these goods.

6.21.5 In case of sub-contracting of production process abroad, goodsmay be exported from sub-contractor premises subject toconditions that job work charges shall be declared in exportdeclaration forms, invoices etc. and full repatriation of foreignexchange.

Contract Farming 6.22 EOUs engaged in production / processing of agriculture /horticulture/ aquaculture products, may, on basis of annualpermission from Customs authorities, take out inputs andequipments (specified at Appendix 14-I-J) to DTA farm subjectto following conditions:-

(a) Supply of inputs by EOUs to contract farm(s) shall besubject to input-output norms approved by DGFT / BoA.

(b) There shall be contract farming agreement between EOUand DTA farmer(s).

(c) Unit has been in existence for at least two years andengaged in export of agriculture / horticulture /aquacultureproducts; otherwise it shall furnish bank guaranteeequivalent to duty foregone on capital goods /inputsproposed to be taken out to Deputy / AssistantCommissioner of Customs / Central Excise, till unitcompletes two years.

Export through 6.23 EOU / EHTP / STP / BTP units may export goods for holding /Exhibitions / Export participating in exhibitions abroad, with permission of DC,Promotion tour subject to following conditions:-

(a) Unit shall produce to Customs authorities letter in original,or its certified copy containing approval of DC. For gemsand jewellery items, a self-certified photograph of productsshall also be submitted.

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(b) In case of re-import, such items, on arrival shall be verifiedalong with export documents before clearance.

(c) Items not sold abroad shall be re-imported within 60 daysof close of exhibition. However, in case exporter isparticipating in more than one exhibition within 45 days ofclose of first exhibition, then 60 days shall be countedfrom date of close of last exhibition.

(d) In case of personal carriage of goods and for holding/participating in overseas exhibitions, value of such gemsand jewellery shall not exceed US $ 2 million.

Personal Carriage of 6.24 Personal carriage of gold / silver / platinum jewellery, cut andgems and jewellery polished diamonds, precious, semi-precious stones, beads andfor Export promotion articles as samples upto US $ 100,000 for export promotion tours,tours and temporary display / sale abroad, by EOUs, is also permitted

with approval of DC subject to following conditions:-

(a) EOU shall bring back goods or repatriate sale proceedswithin 45 days from date of departure through normalbanking channel.

(b) Unit shall declare personal carriage of such samples toCustoms while leaving country and obtain necessaryendorsement.

Export through show- 6.25 Export of goods is also permitted for display / sale in permittedrooms abroad/duty shops set up abroad or in showrooms of their distributors / agents. free shops Items not sold abroad within 180 days shall be re-imported within

45 days.

Sale through 6.26 EOUs may set up showrooms / retail outlets at Internationalshowrooms / retail Airports for sale of goods in accordance with procedure laid downoutlets at International by Customs authorities. Items remaining unsold after a period ofAirports 60 days shall be exported or returned to respective EOUs.

Personal carriage of 6.27.1 Import / export through personal carriage of gem and jewelleryImport/export items may be undertaken as per procedure prescribed by Customs.Parcels including Export proceeds shall be realized through normal banking channel.through foreign Import / export through personal carriage, other than gem andbound passengers jewellery units, shall be allowed provided goods are not in

commercial quantity.

6.27.2 For Personal carriage of jewellery by foreign bound passenger,following documents shall be submitted by EOUs as proof ofexports:

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(a) Copy of shipping bill filed by EOUs;

(b) A copy of Currency Declaration Form filed by Foreignbuyer with Customs at time of his arrival; and

(c) Foreign Exchange Realisation / Encashment Certificate fromBank.

6.27.3 In addition to this, Personal Carriage by foreign bound passengeron Document Against Acceptance (DA) / Cash On Delivery(COD) basis is also allowed. EOUs will have to furnish followingdocuments as proof of exports:-

(a) Copy of Shipping Bill;

(b) Bank Certificate of Export and Realisation.

6.27.4 Procedure for personal carriage of import parcels will be same asfor import of goods by airfreight except that parcels shall be broughtto Customs by EOUs / foreign national for examination and release.Instructions issued by Customs authorities in this regard shouldbe followed mutatis mutandis.

6.27.5 Personal carriage of parts by foreign bound passengers shall beallowed in case same are required for repairs of exported goodsat customer site. Following documents should be submitted asproof of exports:-

(a) Permission letter from Customs for exports.

(b) Invoice with value (for payment or free of charge).

Replacement / 6.28.1 Units may send capital goods abroad for repair with permissionRepair of imported / of Customs authorities. Any foreign exchange payment for thisindigenous goods purpose will also be allowed. However, no permission will be

required for sending capital goods for repair within country.

6.28.2 EOU / EHTP / STP / BTP units may, on basis of records maintainedby them and prior intimation to Customs authorities:-

(a) Transfer goods to DTA / abroad for repair / replacement,testing or calibration and return.

(b) Transfer goods for quality testing / R&D purpose to anyrecognised laboratory / institution upto Rs.5 lakhs perannum without payment of duty, on giving suitableundertaking to Customs for return of goods. However, ifgoods have been consumed / destroyed in process oftesting etc. a certificate from laboratory / institution to thiseffect be furnished to Customs.

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Samples 6.29.1 EOU / EHTP / STP / BTP units may on basis of records maintainedby them, and on prior intimation to Customs authority supply orsell samples in DTA for display / market promotion on paymentof applicable duties.

6.29.2 Remove samples without payment of duty, on furnishing a suitableundertaking to Customs authorities for bringing back sampleswithin a stipulated period.

6.29.3 An EOU may export free samples, without any limit, includingsamples made in wax moulds, silver mould and rubber mouldsthrough all permissible mode of export including through courieragencies / post.

6.29.4 An EOU on basis of records maintained by them and on priorintimation to customs authorities may send samples to other EOUsfor display on returnable basis within a period of 30 days.

Donation of 6.30 EOU / EHTP / STP / BTP unit may be allowed by CustomsComputer and authorities concerned to donate imported / indigenously procuredComputer peripherals (bought or taken on loan) computer and computer peripherals,

including printer, plotter, scanner, monitor, keyboard and storageunits without payment of duty, two years after their import /procurement and use by units, to a school run by CentralGovernment, or Government of a State or, a Union Territory or, alocal body, an Educational Institution run on non-commercial basisby any organization, a Registered Charitable Hospital, a PublicLibrary, a Public Funded Research and DevelopmentEstablishment, a Community Information Center run by CentralGovernment or, Government of a State or, a Union Territory orlocal body, an Adult Education Center run by Central Governmentor, Government of a State or, a Union Territory or a local body,or an organization of Central Government or, a Government of aState or, a Union Territory as per Customs / Central Excisenotification.

Destruction of goods 6.31 No duty shall be payable in case capital goods, raw material,consumables, spares, goods manufactured, processed orpackaged, and scrap / waste / remnants / rejects are destroyedwithin Unit after intimation to Custom authorities or destroyedoutside Unit with permission of Customs authorities. Destructionas stated above shall not apply to gold, silver, platinum, diamond,precious and semi precious stones.

Distinct Identity 6.32 If an industrial enterprise is operating both as a domestic unit aswell as an EOU / EHTP / STP / BTP unit, it shall have two distinctidentities with separate accounts, including separate bank accounts.It is, however, not necessary for it to be a separate legal entity,but it should be possible to distinguish imports and exports or

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supplies affected by EOU / EHTP / STP / BTP units from thosemade by other units of enterprise.

Unit Approval 6.33.1 Powers and functions of Unit Approval Committee of EOUs shallCommittee for EOUs be as under:-

(a) To consider applications for setting up EOUs other thanproposals for setting up of unit in services sector (exceptR&D, software and IT enabled services, or any otherservice activity as may be delegated by BoA). Items ofmanufacture requiring industrial licence under Industrial(Development & Regulation) Act, 1951 shall beconsidered by BoA.

(b) to consider and permit conversion of units in SEZ to EOU;

(c) to monitor performance of Units;

(d) to supervise and monitor permission, clearances, licencesgranted to units and take appropriate action in accordancewith law;

(e) to call for information required to monitor performance ofunit under permission, clearances, licenses granted to it;

(f) to perform any other function delegated by CentralGovernment or its agencies;

(g) to perform any other function as may be delegated byState Governments or its agencies; and

(h) to grant all approvals and clearances for establishment andoperation of EOUs.

Approval of EHTP / 6.33.2 In case of units under EHTP / STP scheme, necessary approvalSTP / BTP units / permission shall be granted by officer designated by DoIT/

Director (STPI). Designated officer shall also exercise powers ofadjudication under Section 13 read with Section 11 of FT (D&R)Act, 1992 in respect of STP / EHTP as mentioned in GazetteNotification No. S.O. 106 (E) dated 30-1-2006. Similarly in caseof units under BTP, necessary approval / permission shall begranted by officer designated by DoBT. However, designatedofficers shall adopt criteria for automatic approval of new units aslaid down in Appendix 14-I-B.

Administration of 6.34 DC / Designated Officer shall have following powers in respectEOUs / Power of DC / to units. Jurisdiction of DC is given in Appendix 14-I-K.Designated Officer

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(1) Conversion of sick / closed DTA unit into EOU;

(2) Conversion of EOU to STP / EHTP / BTP and vice-versaas per prescribed procedure;

(3) To allow increase in value of capital goods in terms ofIndian Rupees, on account of foreign exchange ratefluctuations;

(4) To permit capacity enhancement without any limit in caseof de-licensed industries only;

(5) Permit broad-banding for similar goods and activitiesmentioned in LoP or to provide for backward or forwardlinkages to existing line of manufacture;

(6) Authorize change in name of company or implementingagency and change from a company to another providednew implementing agency / company undertakes to takeover assets and liabilities of existing unit;

(7) Permit change of location from place mentioned in LoP toanother and / or include additional location provided thatno change in other terms and conditions of approval isenvisaged and that new location is within territorialjurisdiction of DC / Designated Officer;

(8) Extend validity period of LoP by three years beyond initialvalidity period of LoP (except in case where there is arestriction on initial period of approval, like setting up ofoil refinery projects);

(9) Cancel LoP wherever warranted;

(10) Permit merger of two or more units into one unit providedunits fall within jurisdiction of same DC / Designated Officersubject to conditions that activities are covered underprovision of broad banding;

(11) Exercise powers of adjudication under Section 13 readwith Section 11 of FT (D&R) Act, in respect of EOUs asmentioned in Gazette Notification No. SO. 194(E) dated6.3.2000;

(12) Do valuation of exports declared on SOFTEX form byEOUs as per RBI A.D. (M.A Series) Circular AP (DIRseries Circular No.9 dated 25.10.2001);

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(13) Issue eligibility certificates for grant of employment visa tolow level foreign technicians to be engaged by EOUs asper Ministry of Home Affairs’ letter No. 25022 / 7 / 99-F.1 dated 20.9.1999;

Registration – cum - (14) Function as a Registering authority for EOU / EHTP /Membership Certificate STP/ BTP. A separate Registration cum- Membership

Certificate shall not be required in their cases as providedfor in paragraph 2.44 of FTP except in case of spices. Incase of spices, it would be mandatory for units to getthemselves registered with Spices Board also.

Importer Exporter Code No. (15) Allot Importer-Exporter Code number for EOUs, if samehas already not been allotted to entity;

Green Card (16) Issue of Green Card automatically after execution of LUT;

(17) Grant / renewal of Status Certificate in respect of EOUsprovided it does not involve clubbing of FOB value ofexports of its parent company in DTA;

(18) Publicity of EOU / EHTP / STP / BTP Scheme undertheir jurisdiction.

Change of location / 6.34A BoA may consider change of location of EOU / EHTP / STP /inclusion of additional BTP unit from place mentioned in LoP to another and / or tolocation with BoA include additional location outside territorial jurisdiction of originalapproval DC / Designated Officer, subject to such conditions as BoA may

decide.

Clearance of Capital 6.35 Clearance of Capital Goods including second hand in DTA shallGoods in DTA be allowed as per FTP under EPCG Scheme. In other cases,

clearance in DTA may be allowed on payment of applicable dutyand Import Policy in force on date of such clearance.

Depreciation norms 6.36.1 Depreciation up to 100% is permissible for Computers andComputer peripherals in 5 years and 10 years in case of otheritems.

Depreciation norms 6.36.2 Depreciation for computers and computer peripherals shall be asfor Computers and follows:Computer peripherals

10% for every quarter in first year;

8% for every quarter in second year;

5% for every quarter in third year;

1% for every quarter in fourth and fifth year.

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Depreciation norms 6.36.3 For capital goods, other than above, depreciation rate would befor other Capital goods as follows:

4% for every quarter in first year;

3% for every quarter in second and third year;

2.5% for every quarter in fourth and fifth year,

2% for every quarter thereafter.

Conversion 6.37.1 Existing DTA units, may also apply for conversion into an EOU /EHTP / STP / BTP unit, but no concession in duties and taxeswould be available under scheme for plant, machinery andequipment already installed. On conversion, they would get IncomeTax concessions but limited to period of 10 year from originalcommencement of manufacture or that prescribed under Section10 of Income Tax Act whichever is earlier. For this purpose, DTAunit may apply to DC / Designated Officer concerned in samemanner as applicable to new units. In case there is an outstandingexport commitment under EPCG scheme / Advance AuthorizationScheme, it will follow the procedure laid down in Appendix 14-I-O of HBP v1.

6.37.2 Existing EHTP / STP / BTP units may also apply for conversion /merger to EOU unit and vice-versa. In such cases, units willcontinue to avail permissible exemption in duties and taxes asapplicable under relevant scheme. EHTP / STP / BTP units desiringconversion as an EOU may apply to DC concerned through Officerdesignated by DoIT / DoBT in same manner as applicable to newunits. Likewise EOU desiring conversion into EHTP / STP / BTPmay apply to officer designated by DoIT / DoBT through DCconcerned.

6.37.3 An EOU may be shifted to SEZ with approval of DC providedEOU unit has achieved pro-rata obligation under EOU scheme

Revival of Sick units 6.38 Subject to a unit being declared sick by appropriate authority,proposals for revival of unit or its take over may be consideredby BoA. Guidelines on revival of sick units are given in Appendix14-I-M.

6.39 FAST TRACK CLEARANCE PROCEDURE

Eligibility 6.39.1 EOUs having a status holder certificate under FTP shall be eligiblefor Fast Track Clearance Procedure.

Examination of 6.39.2 Status holder units shall be exempted from examination of importImport Cargo cargo at Port of import. Jurisdictional Commissioner of

Customs / Central Excise may, however, examine consignmentsat unit’s place on random basis.

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Domestic procurement 6.39.3 Units having physical export turnover of Rs. 15 crores and aboveand import of goods in preceding financial year shall be allowed to import goods without

payment of duty on basis of pre-authenticated procurementcertificate issued by jurisdictional Customs / Central ExciseAuthority.

Installation of Fax 6.39.4 Eligible EOUs may install one fax machine and two computers inMachine/Computers their administrative / registered office outside bonded premises

under prior intimation to jurisdictional Asst / Deputy Commissionerof Customs or Central Excise.

Procurement of DG sets 6.39.5 Procurement of DG set of capacity commensurate with actualrequirement of unit shall be permitted under intimation to DC andjurisdictional Central Excise authority.

Temporary removal 6.39.6 Eligible EOU units may remove their capital goods or parts thereofof Capital Goods for repairs under prior intimation to jurisdictional Asstt. / Deputy

Commissioner of Customs or Central Excise.

Clearance of 6.39.7 Request for permission for DTA clearance of rejects shall berejects in DTA considered by jurisdictional Excise Authority on priority basis.

Personal carriage 6.39.8 Personal carriage of samples of Gems & Jewellery by status holderof samples EOUs are allowed subject to limit fixed in Para 6.24 without a

need for prior permission from DC / Customs / Central Excise.

Activities which do 6.39.9 In respect of following activities of a status holder, permission will not require permission not be required from DC or jurisdictional Central Excise authority:

DTA sale of finished products in terms of para 6.8(a) of FTP;Participation in exhibition and Personal carriage of Gems &Jewellery for export promotion tours subject to fulfillment ofconditions of para 6.24 of HBP v1. However, prior intimationthereof needs to be given.

Time bound disposal 6.40 DC shall dispose off applications expeditiously. Following timeof applications schedule shall normally be followed to dispose of applications

provided application is complete in all respects and is accompaniedby prescribed documents.

S. No Category of Application Time limit for disposal(days)

1 Issue of LoP / LoI 15

2 Conversion of LoP / LoI 15

3 Acceptance of LUT 3

4 Renewal of LUT 3

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S. No Category of Application Time limit for disposal(days)

5 Permission for broad banding / diversification 3

6 Permission for change in locations 7

7 Permission for Advance DTA sale 2

8 Permission for merger of units 7

9 Permission for enhancement of production capacity 3

10 Cancellation of LoP 3

11 Permission for debonding / exit 7

12 Permission for DTA sale 2

13 Eligibility certificate for employment visa for lower level technicians 2

14 Issue of Green Card 2

15 Renewal of Green Card Same day

16 Permission to lease CG 1

17 Permission for disposal of scrap/waste 2

18 Permission for change in name 2

19 Inter Unit Transfer 2

20 Wastage Norms, ad-hoc 2

21 Permission for re-import Same day

22 Permission for re-export Same day

23 Permission for replacement/repair of goods Same day

24 Allotment of I.E. Code 1

25 Authorization of softex form 1

26 Reimbursement of CST claims 7

27 Issue of GSP Certificate Same day

28 Permission for conversion of EOU to STPI, EPCG 5

29 Permission of final exit of EOU 5

30 Permission of extension of EOU 2

31 Permission to allow increase in value of CG 2

32 Permission for export through exhibition / tour 2

33 Reimbursement of Duty Drawback / TED 7

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123

CHAPTER – 7

SPECIAL ECONOMIC ZONES

Policy relating to Special Economic Zones is contained in Special Economic Zone Rules, 2006notified in the Gazette of India, Extraordinary No. GSR 54(E) dated 10.2.2006.

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125

CHAPTER – 8

DEEMED EXPORTS

Policy 8.1 Policy relating to Deemed Exports is in Chapter-8 of FTP.

Criteria for claiming 8.2.1 In respect of supplies under Paragraph 8.2(a) of FTP, procedureDeemed Exports for issue of ARO and Back-to-Back Inland Letter of Credit isBenefits given in paragraphs 4.14 and 4.15 of HBP v1.

8.2.2 In respect of supplies under paragraph 8.2(b) of FTP and DFIA,deemed export benefits may be claimed from DevelopmentCommissioner or RA concerned. Advance Authorisation andDFIA shall be claimed from the concerned RA. Such suppliesshall be certified by receiving agencies.

8.2.3 In respect of supply of capital goods under paragraph 8.2 (c) ofFTP, supplier shall produce a certificate from EPCG Authorisationholder evidencing supplies / receipt of manufactured capital goods.

8.2.4 In respect of supplies under categories mentioned in paragraphs8.2(d), (e), (f), (g), (i) and (j) of FTP, application for advanceauthorisation shall be accompanied with a Project AuthorityCertificate in Appendix 27. Payment against such supplies shallbe certified by Project Authority concerned as inAppendix 22 C.

Procedure for claiming 8.3.1 Procedure for claiming benefits under paragraph 8.3(b) and (c)Deemed Exports of FTP shall be as under:-Drawback & TerminalExcise Duty Refund/ (i) An application in ANF 8 along with prescribed documents,Exemption from payment shall be made by supplier to RA concerned. Recipientof Terminal Excise Duty may also claim benefits on production of a suitable

disclaimer from supplier along with a self declaration inAppendix 22C of HBP v1 regarding non-availment ofCENVAT credit in addition to prescribed documents.

(ii) In case of supplies under paragraph 8.2(a), (b) & (c) ofFTP, claim shall be filed against receipt of payment throughnormal banking channel as in Appendix 22B. Claimsshould be filed within a period of twelve months from thedate of payment. In cases where payment is received inadvance, last date for submission of application may becorrelated with date of supply instead of date of receiptof payment. Claim can be filed ‘Invalidation Letter/AROwise’ against individual licences within the time limit asspecified above. 100% TED refund may be allowed after100% supplies have been made physically and paymentreceived at least up to 90%. However, grant of deemed

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export duty draw back will be limited to the extent ofpayment received.

(iii) In respect of supplies under paragraph 8.2(b) of FTPwhere supplier wants to claim benefits from RA, RA shallallow deemed export benefits to DTA supplier, on receiptof certified copies of Central Excise attested invoice asproof of supplies made and / or Excise attested CT3 formand proof of validity of LoP.

(iv) In respect of supplies under categories mentioned inparagraphs 8.2(d), (e), (f), (g), (h), (i) & (j) of FTP, claimmay be filed either on the basis of proof of supplieseffected or payment received. Claims should be filed withina period of twelve months from date of receipt of suppliesby project authority or from date of receipt of the paymentas per the option of applicant either against a particularproject or all the projects. Claims may also be filed wherepart payments have been received. 100% TED refundmay be allowed after 100% supplies have been madephysically and payment received at least up to 90%.However, grant of deemed export duty draw back will belimited to the extent of payment received.

8.3.2 For claiming exemption from payment of terminal excise duty,procedure prescribed by Central Excise authority shall be followed.

8.3.3 Where All Industry Rate of Drawback is not available or same isless than 4/5th of duties actually paid on materials or componentsused in production or manufacture of the said goods, an applicationin ANF 8 along with prescribed documents may be made to RAor DC, for fixation of brand rate. Recipient may claim benefits onproduction of a suitable disclaimer from supplier along with a selfdeclaration in Appendix 22 C of HBP v 1 regarding non-availmentof CENVAT credit in addition to prescribed documents.

8.3.4 Claim application shall be filed along with application for fixationof brand rate of duty drawback in case brand rate is required tobe fixed. Provision of late cut under paragraph 9.3 andsupplementary claim under paragraph 9.4 shall also be applicableunder this sub-paragraph.

8.3.5 RA may consider provisional payment up to 75% of drawbackclaim in case of private companies and 90% in case of PSUs,pending fixation of Brand Rate.

8.3.6 Subject to procedure laid down in this Handbook, Customs andCentral Excise Duty Drawback Rules, 1995 shall apply mutatismutandis to deemed exports.

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Procedure for claiming 8.4 In respect of supplies made by sub-contractor to main contractordeemed export benefits under paragraph 8.2(d), (e), (f), (g), (i) and (j), main contractor by Sub-contractor may make payment to sub-contractor and issue payment certificate

as in Appendix 22-C as Form 1-C. However, for supplies underparagraph 8.2(d), (e), (f), (g) and (j), payment certificate frommain contractor shall not be insisted for refund of Terminal Exciseduty. Deemed exports benefits to sub-contractor would beavailable to the extent of goods that are manufactured and suppliedby him or outsourced from other manufacturers, for value asindicated in Appendix 22-C of HBP v1.

Payment of interest on 8.5 In accordance with Para 8.5.1 of Foreign Trade Policy, simpledelayed refund of Duty interest @ 6% per annum is payable in the case of delayed refundDrawback / TED on of Duty drawback and TED under deemed export if the claimdeemed exports which has become due on or after 01.04.2007, is not settled within

30 days after its final approval by the Regional Authorities. Thisperiod of 30 days will be reckoned from the date of approval ofthe case by the Regional Authority and communicated to the firmthrough a standard letter. The application for claiming interest shallbe filed in prescribed Aayaat Niryaat Form within a period of 90days after receipt of cheque for the main claim. The RegionalAuthorities will issue a separate cheque for payment of interestand also maintain accounts separately.

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129

CHAPTER – 9

MISCELLANEOUS MATTERS

Change In Name and 9.1 An IEC holder must get the change in name / address / constitutionConstitution incorporated within 90 days of such change. Provided, however,

RA issuing IE Code may, condone delay on payment of penaltyof Rs. 1000/-.

Change in constitution, aforesaid, does not include change indirectors of Public Limited Company.

Denomination of Import 9.2 CIF value of Authorisation / FOB value of export obligation shallAuthorisation / Licence / be indicated both in Rupees and in freely convertible currency(s) Certificate / Permissions at the exchange rate(s) prevailing on Authorisation issue date.

9.2.1 Remittance of foreign exchange and discharge of export obligationagainst Authorisation shall be regulated in freely convertiblecurrency.

9.2.1.1 No enhancement in Rupee value shall be necessary if remittanceof foreign exchange is covered by CIF value of Authorisationshown in freely convertible currency.

9.2.2 However, on Advance Authorisation(s), issued for exports to ACUcountries, export obligation shall be denominated and dischargedin ACU dollars.

9.2.3 Export obligation in Advance Authorisation for intermediate supplyand for deemed export, where supplies are to be made within thecountry, shall be denominated and discharged in Indian rupees.

Applications Received 9.3 Wherever any application is received after expiry of last date forAfter Expiry of submission of such application, the application may be consideredPrescribed Date of after imposing a late cut in the following manner:Receipt

1. Application received after the expiry of last 2%date but within six months from the last date

2. Application received after six months from 5% the prescribed date of submission but notlater than one year from the prescribed date

Supplementary Claims 9.4 Wherever any application for supplementary claim is received,within specified time limits, such application may also be consideredafter imposing a cut @2% on the entitlement.

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Furnishing of Information 9.5 Every importer/ exporter shall furnish such information as may becalled for by DGFT or any officer duly authorised.

Clarifications On 9.6 A request seeking clarifications on any provision of FTP or HBP,Policy / Procedures importability or exportability of items under ITC(HS), may be

made to DGFT in the form in Appendix-28. Clarification mayalso be sought on E-mail.

Consumption Register 9.7 Importer shall maintain a register as in Appendix-23 (for 3 yearsperiod) of items imported under an Authorisation and separatelyfor items imported with actual user condition and its consumption.In respect of particular schemes such register shall be maintainedfor specified period.

Export Facilitation 9.8 In order to resolve exporters’ problems in a co-ordinated manner,field offices of DGFT shall act as Export Facilitation Centres andnodal agencies. In addition, Nodal Officers have also beennominated in other Ministries/ Departments and a list of suchofficers nominated to assist exporters is given in Appendix-17.

Standing Grievance 9.9 Detail of the Grievance Redressal Mechanism is given in paraCommittee 2.49 of FTP.

For speedy redressal of genuine grievances of trade and industrypertaining to FTP and Procedure, Grievance Committees havebeen constituted chaired by (i) DGFT at Headquarters and (ii)head(s) of RA(s) in regional offices. Grievance Committee willinclude representatives of Federation of Indian ExportOrganisations (FIEO), Export Promotion Councils/ CommodityBoards, Development Authorities, and Government Departments/technical authorities as their members.

9.9.1 Chairman of the respective Grievance Committee(s) may also co-opt any other member. Meetings of such Committees shall beheld on a monthly basis.

9.9.2 Every exporter/importer shall have a right to seek and have anopportunity to make a representation (in writing) to and bepersonally heard, if he so desires, by Grievance Committee.

9.9.3 A representation to Grievance Committee may be made in as inAppendix-26.

Counter Assistance 9.10 For speedy disposal of applications, “Counter Assistance” willfunction in all offices of DGFT.

An FTDO shall be in charge of counter in each office. Onsubmission of application at the counter, applicant will be handedover a token and would be advised on same day whether his

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application is complete and admitted for further processing by theoffice or whether there is any deficiency that needs to be rectified.

9.10.1 Counter Assistant will send application to concerned section onday of receipt for necessary scrutiny. If there are any deficiencies,these will be noted by concerned section and returned to counteron the same day. In case of complete applications, applicant willbe given a formal receipt indicating file number for further reference.Deficient applications will be returned to applicant for complyingwith all deficiencies. Complete applications shall be processed byconcerned section within the time frame as given underparagraph 9.11.

Communication of any deficiency noted subsequently should beundertaken only with approval of head of office who shall beresponsible for effective functioning of Counter Assistance.

9.10.2 Counter Assistance may also be availed of for amendments ofminor nature/enquiries. Applications, in such cases, will be receivedin regional offices at counter against a proper receipt.Authorisation/licence/list/enquiry, shall be returned after carryingout necessary amendments/ giving necessary reply as far as possibleon the same day, across the Counter.

Time Bound disposal 9.11 RA shall dispose off applications expeditiously. Following timeof applications schedule shall normally be followed to dispose of applications

provided it is complete in all respects and is accompanied byprescribed documents.

S.No. Category of Application Time Limit ForDisposal (inworking days)

a) IEC Number 2

b) Advance Authorisation where 3Input-Output norms are notified orunder paragraph 4.7, AdvanceAuthorisation for Annual Requirementand DFIA

Advance Authorisation where Input- 15Output norms are notified but wherecases are to be approved byCommerce & Industry Minister

Advance Authorisations where 45Input-Output Norms are not notified

Fixation of input output norms 90

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c) DEPB 3

d) (i) EPCG Authorisations on self 3declaration basis

(ii) EPCG Authorisations for fixation 45of nexus (other than those covered in(i) above

e) All Authorisations under Gem & 3Jewellery scheme.

f) Revalidation of Authorisation and 3extension of export obligation periodby R.A.

g) Acceptance of BG/LUT 3

Redeemption of BG/LUT for 15Advance Authorisations and DFIA.

Redeemption of BG/LUT for 30EPCG Authorisations.

h) Issuance/renewal of status certificate. 3

i) Amendment of any category of 3Authorisation

j) Fixation of deemed exports Drawback 45rate

k) Miscellaneous 10

l) All applications filed through EDI mode 1

Cases of undue delay in disposal of applications may be broughtto notice of head of regional offices by way of a writtenrepresentation, which shall be promptly enquired into andresponded to.

Date of Shipment/ 9.11 A Date of shipment/dispatch for imports will be reckoned as under:-Dispatch In respectof Imports Mode of Transportation Date of Shipment / Dispatch

(i) By Sea The date affixed on the Bill of Lading

(ii) By Air Date of relevant Airway Billprovided this represents date onwhich goods left last airport in thecountry from which the import iseffected.

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(iii) From land-locked Date of dispatch of goods by rail,countries road or other recognised mode of

transport to consignee in Indiathrough consignment basis.

(iv) By Post Parcel Date stamp of office of dispatch onthe packet or dispatch note

(v) By Registered Date affixed on Courier Receipt /Courier Service Waybill

(vi) Multimodal transport Date of handing over goods to firstcarrier in a combined transport Billof Lading.

Date of Shipment/ 9.12 Date of shipment/despatch for exports will be reckoned as under:-Dispatch in respectof Exports Mode of Date of Shipment / Dispatch

Transportation

(i) By Sea For bulk cargo, date of Bill of Lading or dateof mate receipt, whichever is later.

a) For containerised cargo, date of“Onboard Bill of Lading”, or “Receivedfor Shipment Bill of Lading”, where theL/C provides for such Bill of Lading. Forexports by containers from InlandContainer Depot (ICD), date of Bill ofLading issued by shipping agents at thetime of loading of export goods in ICDafter customs clearance.

b) For Lash barges, date of Bill of Ladingevidencing loading of export goods onboard.

(ii) By Air Date mentioned by appropriate Officer ofCustoms on Shipping Bill, evidencingloading or handing over of goods to aircargo complex, which are not internationalairports, or by way of rotation of flightnumber and date.

(iii) By Post Parcel Date stamped on postal receipt.

(iv) By Rail Date of RR (Railway Receipt).

(v) By Registered Date affixed on Courier Receipt/ Waybill.Courier Service

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(vi) By Road Date on which goods crossed Indianborder as certified by Land CustomsAuthorities.

However, wherever Procedural / Policy provisions have beenmodified to disadvantage of exporters, same shall not be applicableto consignments already handed over to Customs for examinationand subsequent exports upto Public Notice / Notification date.

Similarly, in such cases where goods are handed over to the customsauthorities before expiry of export obligation period but actualExports take place after expiry of the export obligation period,such exports shall be considered within export obligation periodand taken towards fulfilment of export obligation.

General Power of review. 9.13 DGFT may, on his own or otherwise, call for records of any casepending with or decided by an officer subordinate to him or anofficer of any EPC/FIEO including a Group/ Committee of officersnominated, appointed or authorised by him and pass such ordersas he may deem fit.

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APPENDICES

APPENDICES ARE AN INTEGRAL PART OF THE HANDBOOK OF PROCEDURES– VOLUME 1 (2004-2009) INCORPORATING THE ANNUAL SUPPLEMENT ASNOTIFIED BY THE PUBLIC NOTICE NO.1 (RE-2008) / 2004-2009 DATED 11TH

APRIL 2008 AND HAVE BEEN PUBLISHED SEPERATELY.

APPENDICES ARE ALSO AVAILABLE ON THE DGFT WEBSITE AND CAN BEACCESSED AT http://dgft.gov.in

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